Frequently Asked Questions

Recovering YOUR money. FAST and SIMPLE.

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Tel – 0161 327 1499

Email – info@latitudeces.co.uk

Office hours 9am-5pm.
7 days a week Instruct 24/7

Frequently Asked Questions

Commercial Debt Collection

If I have an outstanding business debt that needs collecting without having a court order, can I instruct yourselves?

A – Yes – Upon receipt of your written instruction you will be appointed one of our dedicated Account Managers who will help and guide you through our various solution strategies for collection of your outstanding debt. The aim is to collect the money owed to you in the most cost effective and seamless way.

If I have an outstanding CCJ against a company or individual can you help me collect this debt?

Yes – Once we have received your written instruction, we will appoint you an account manager who will run through the processes and advise you of the costs. This may involve transferring your CCJ up to the High Court, however this is dependant on the type of debt outstanding. Don’t worry, we deal with all the hard work on your behalf and keep you informed every step of the way.

How soon will I receive any monies you recover?

As soon as any funds are collected and cleared they will be remitted to you, less any agreed costs. Communication is one of our strengths and therefore you will be updated on a regular basis.

Do I need to update you if I receive any payments direct?

Absolutely! It is vitally important you advise us of any payments received,so we can adjust the balance, especially if this is a part payment. Please note that a full payment will halt the collection process and any payments received will be subject to our agreed terms and conditions. Should you equally receive contact from the company or the individual who owes you the money, we strongly suggest you refer them on to ourselves, that way the process remains seamless and does not compromise both our positions.

If I have a debt can you call to the property and remove goods if they do not pay?

No, not without a court order. One of our account managers will run through the process with you and offer the best solution strategy to collect your outstanding debt.

Traveller
Evictions

Do I need a court order to evict travellers from my land?

No, Under Common Law every land owner has the right to remove trespassers occupying their land. This right can be found in Halsbury’s Laws of England (Para 1400 Volume 45 of the 4th Edition) this is the quickest method and vitally important to act upon, failure to do so could result in your land or premises being damaged, risk of fly tipping etc. Court orders take time to obtain and can cost up to £6000.00 to include, solicitors, court and enforcement costs.

Do I have to use certificated Enforcement Agents to Evict Travellers?
No, Landlords can evict themselves, however the majority of Landlords instruct Enforcement Agents to carry out the eviction, this is because the agents are well trained in this area of enforcement and understand the relevant laws pertaining to this area of common law. They will also carry out risk assessments in order to determine the necessary man power required to carry out the eviction successfully.
How quickly can you attend after instruction?
We always aim to attend the same day, however this will depend on the time of the instruction being received. It’s important to instruct ourselves at the earliest opportunity.
Can you evict immediately and reclaim my land back?
Yes we are able to facilitate this request, however once we attend the area where the travellers are settled we can establish very quickly whether we can indeed remove the travellers or serve notice to vacate in a reasonable amount of time, either the same day or by the following morning. Generally it’s within 24hours, contractors may be called upon to assist in the removal if necessary.
Are you able to arrange Locksmiths, security and removal vehicles?
Yes, we can arrange all this for you, also advise you once the travellers have vacated the land whether we feel additional security, barriers etc is required. This will be done verbally whilst on site at the earliest opportunity in order for you to make a decision.
What happens if the travellers have vacated the site that same evening after notices have been served?
We will always attend the following day in order to confirm the travellers have vacated the land and conduct a due diligent search and provide you with supporting evidence (usually photographs and a detailed report)
Do I need to attend the site ? Also will the Police attend?
No to the first question, regarding the police, we always notify the constabulary of our impending attendance, there are a number of reasons for this, not least from a health and safety perspective. They do not assist in the removal under common law.

Forfeiture
Process

Do I need a court order to forfeit my Commercial Tenant lease?
No, the landlord does not need a court order for commercial premises, as the landlord can exercise their common law right to take peaceful re-entry.
How soon can you take possession of my property once instructed?
Within 24 hours once instructed, most instructions are carried out the same day.
Can you please explain the process?
Once you have completed and sent the instruction document and established whether the premises are vacant or trading we will agree with yourself the best time to attend with a locksmith. Access will be gained, locks will be changes, good inside the premises will be photographed and notices posted outside the premises confirming we have completed your instruction and property secured. Keys will be delivered or send to you.
Am I able to keep the goods inside the premises after you have changed the locks?
No. The goods belong to the tenant and they are entitled to remove the goods within 14 days with agreement from yourselves. We are able to offer facilities to reattend the premises on your behalf at an agreed cost and supervise the removal of goods claimed.
What happens if the tenant does not contact to remove their goods within 14 days?
In accordance with (Torts interference with goods act 1977) once the date has expired you have the right to the disposal of the goods at public auction.

Commercial Rent Areas Recovery

Do I need a court order to instruct you to collect my outstanding commercial rent?

 No, you must have a commercial lease in place and still in existence. You only need to fill out the online Warrant of control and send this to us with supporting documentation.

Once we have instructed you how soon can you visit the tenant?

Following the receipt of the instruction we have to send a legal document, this is known as a Notice of Enforcement. 7 clear days not including the day the letter is sent, also not including Sunday’s and Bank holidays must elapse first. After such time we seek instruction from yourself to attend the property.

How are your fees collected?

The tenant is liable for all fees which is detailed in legislation. The tenant will be aware of these costs, they are clearly detailed on the Notice of Enforcement letter that has been sent. This is also know as the compliance stage.

Do I need to let you know if the tenant pay me directly?

 In accordance with Taking Control of goods (Fees) Regulations 2014, the compliance stage Fee is the first payment deducted from any payments received either to yourself or Latitude CES. If the tenant does pay you direct you can opt to transfer this fee (£75.00 plus vat where applicable) or an invoice can be raised. If the tenant has not paid in full, you must inform us of any payments and adjustments so we can amend our case file accordingly.

What is the process after the expiration of the initial Notice of Enforcement?
We will seek authority from yourself to send a Certificated Enforcement Agent to attend the property with a view to collecting the outstanding balance or to Take Control of goods.
What if the tenant is not in a position to pay in full?
Should we establish that it is not possible to collect the outstanding debt and costs in full, we will seek further instructions from yourself regarding a suitable short term arrangement. Should we agree terms our agent will make a detailed list of goods on the premises and obtain a signed Control goods agreement, this agreement protects your position and secures the debt against the goods until clear. However you could instruct ourselves to remove goods the same day our Enforcement Agent attends. You will be consulted every step of the way when our agent is on site.

Contact our Experts Today on 0161 327 1499

Opening Hours

Instructions can be carried out anytime day or night, to suit a clients requirements.

Office hours 9am-5pm.
7 days a week Instruct 24/7

 

Our Location

Manchester, UK

Email: info@latitudeces.co.uk
Phone: 0161 327 1499 / Mobile: 07379 236 126

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