Our Most Frequently Asked Questions

FAQ

Commercial Debt Collection

  • 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.

  • 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 dependent 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

  • 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

  • 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 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 us, that way the process remains seamless and does not compromise both our positions

  • 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

FAQs

Commercial Rent Arrears Recovery

  • 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.

  • 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.

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

  • 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.

  • We will seek authority from you to send a Certificated Enforcement Agent to attend the property with a view to collecting the outstanding balance or to Take Control of goods

  • Should we establish that it is not possible to collect the outstanding debt and costs in full, we will seek further instructions from you regarding a suitable short term arrangement. Should we agree to 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 us 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

FAQs

Forfeiture Process

  • 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.

  • Within 24 hours once instructed, most instructions are carried out the same day.

  • Once you have completed and sent the instruction document and established whether the premises are vacant or trading we will agree with you the best time to attend with a locksmith. Access will be gained, locks will be changed, goods 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 sent to you.

  • 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.

  • 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 a public auction.

FAQs

Traveller Evictions

  • 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

  • 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 manpower required to carry out the eviction successfully.

  • We always aim to attend on 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.

  • 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 24 hours, contractors may be called upon to assist in the removal if necessary.

  • 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.

  • 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)

  • 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.

Cannot find the answer you were looking for?

Drop us an email at info@latitudeces.co.uk call us on 0161 327 1499, or fill out our contact form below.