enquiries@jmwilsonsolicitors.com
0121 356 4556
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How can I recover money owed to me? 

At some point in our lives we may encounter the word ‘debt’. You may be owed money from an individual or a business. So how can the J M Wilson team help you recover the money you are owed? 

We understand that recovering debt is stressful, especially when you have several other important things that require your attention. We can help defuse awkward situations without you being involved and preserve your relationships with good clients by pursuing the debt in a firm but professional manner. 

Before taking court action, we look to undertake steps to make the individual debtor (person owing the debt) aware that they owe you a debt and provide them with a deadline to repay that debt. Under the Late Payment of Commercial Debts (Interest) Act 1998 you are entitled to claim back the costs involved with recovering your debts. Under this Act, we are able to recover the costs of using our services at various stages of the collection process in relation to the debt. Furthermore, if your claim is successful, we can help you claim compensation and additional interest on the outstanding debt. You are entitled to claim £40.00 to £100.00 in compensation per invoice and interest at 8% above the Bank of England’s base rate, this is all in addition to the original debt amount and legal costs*. 

At J M Wilson Solicitors our priority is to try and settle the matter first without going to court thus keeping your legal fees to a minimum. Should the debtor refuse to comply with our requests for payment it may then be necessary to take the matter to court. 

Once a County Court Order or High Court Enforcement Order has been obtained against the debtor, there are various options available for you to enforce the debt. 

Some of these options are as follows:

  • Instructing court bailiffs to seize goods at the debtor’s property to be sold for payment of the debt;
  • An attachment of earnings order for the debtor to pay instalments from his or her earnings towards the money owed;
  • A charging order to secure the debt over any property that the debtor may own, and ultimately;
  • Insolvency proceedings to bring a bankruptcy petition against an individual or a winding up petition against a company. 

At J M Wilson Solicitors, we take a strong but professional approach to recovering debt owed to you, whether this is a large or small sum.   

If you feel you may be owed money of any amount, we are happy to talk to you to discuss your options and provide you with professional legal advice. Ask to speak to our specialist advisor, Lisa Shocker from our Civil and Commercial Litigation department on 0121 356 4556 or email your enquiry to enquiry@jmwilsonsolicitors.com.

 *This is subject to whether the debt qualifies as a commercial debt under the Late Payment of Commercial Debts (Interest) Act 1998.

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Do I have permission to live in the UK?

Do I have permission to live in the UK? It’s a question we’ve been asked many times over the last few days and months from people who’ve lived in the UK for many years but are now wondering what their legal status is.  We’ve had enquiries from many local people, born in Jamaica and other Commonwealth countries and arrived in the UK in the 1970s. They are now scared about their citizenship and rights to basic services in the UK.

The Guardian newspaper has done a fantastic job of highlighting the plight of people who have been cruelly affected by the Home Office’s insistence that people prove their right to be here despite having lived in UK for the vast majority of their lives.  In the worst cases the windrush generation have been threatened with deportation, held at detention centres, faced large bills for NHS services, and been made redundant.  Our very own James Wilson has been involved in the case of Paulette Wilson, who was held in Yarl’s Wood detention centre and came very close to being deported. Thankfully she now has received a biometric residence permit and is in the process of gaining British Citizenship and damages from the Home Office for the treatment she suffered.

 

For everyone else who is in a similar position, we are glad to see that, finally, pressure on the government, from a wide range of individuals and organisations including from David Lammy MP and David Harewood has led to an apology from the Home Secretary. The gov.uk website has been recently updated too.

 

For anyone who is worried about their immigration status and right to remain in the UK, work here, and access services, this is the latest advice from the Home Office.

 

It explains the legal position, acknowledges that the documents asked for can be difficult to source, but also states:

“We are clear that no one with the right to be here will be required to leave. There will be a solution available for your situation.”

 

The information also explains some of the options available to you and contains links to the forms needed, along with examples of the evidence needed.  We know that this isn’t easy to wade through if you are unfamiliar with the process. We’ve been giving out lots of advice and information to concerned residents recently and will continue to do so.  We hold a series of free immigration advice sessions each month, no appointment is needed, if you need our help simply turn up. If you can’t make any of these sessions then you can also contact us.

Commenting on the situation, Sanjeev Sharma said: “Unfortunately I am not shocked by the way the Home Office have treated these types of cases. The Home Office has never applied a common sense approach to cases. Instead they put the onus on the applicant to provide evidence, evidence that is often in the possession of the Home Office. This is why it is important that before any applications are made you obtain legal advice to ensure your application has the best chance of succeeding.”

 

For advice please contact our Immigration Department.

 

 

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We have been the leading Solicitors in challenging the introduction of the English Language requirement for spouses, the controversial minimum income requirement and more recently, the unfair deport first and appeal letter later certification process applied to foreign prisoners.  We have been able to help those, who otherwise cannot afford to instruct solicitors, through Legal Aid and we are one of the few firms in the West Midlands to still hold such a contract.

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