Glossary of terms

As a leading provider of debt recovery and legal service, we recognise the importance of clarity and transparency in communication. This glossary aims to demystify intricate legal jargon and provide concise definitions for the terms you may encounter throughout your legal journey. Whether you are a solicitor, insolvency practitioner, or an individual seeking our services, this comprehensive glossary will empower you with the knowledge to make informed decisions and engage in meaningful discussions. Allow us to guide you through the intricacies of legal terminology and ensure that you have a solid understanding of the key concepts relevant to your legal matters.

Asset Check: 

The process of assessing an individual’s or entity’s assets to determine their value and availability for the purpose of debt recovery or enforcement actions.

Attachment of Earnings: 

A method of enforcement used when a debtor fails to pay a County Court Judgment (CCJ). It allows the claimant to obtain payments directly from the debtor’s employer. Failure by the employer to comply may result in fines.

Bailiff: 

An individual authorized by the court to enforce judgments and collect outstanding debts on behalf of the claimant. They may seize assets or property to satisfy the debt.

Bankruptcy: 

A legal process initiated by an individual or business unable to repay their debts. It involves a court-ordered assessment of assets, distribution of funds to creditors, and discharge from most remaining debts.

County Court Judgment (CCJ): 

A judgment issued by a county court in response to a claim made by a creditor against a debtor. It states the amount owed and any required actions.

Charging Order: 

A court order securing a debt against a debtor’s property, typically their estate. In some circumstances it gives the creditor the right to enforce the debt by selling the property if the debtor fails to repay.

Claimant: 

The party or individual making a legal claim or seeking a remedy in a civil case.

Credit Control: 

The practice of monitoring and managing credit extended to customers or clients to ensure timely payment and minimise bad debts.

Creditor: 

A person or entity to whom money is owed or who has a claim against a debtor.

Debt Recovery / Debt Collection: 

The process of pursuing and collecting outstanding debts owed by individuals or businesses.

Debtor: 

An individual or entity who owes money to a creditor.

Director’s Duties: 

The legal responsibilities and obligations of a company director, including fiduciary duties, duty of care, and duty to act in the best interests of the company.

Defendant: 

The party or individual against whom a claim or legal action is brought.

Enforcement: 

The process of enforcing a court order or judgment, typically to recover a debt or compel compliance with a legal obligation.

External Agent: 

A third-party individual or organisation engaged by a creditor to assist in debt collection or enforcement actions.

Fraudulent Trading: 

The act of conducting business with the intent to defraud creditors or deceive others, typically by hiding assets, falsifying records, or engaging in dishonest practices.

High Court Enforcement: 

Enforcement actions carried out by authorized officers of the High Court, typically involving higher-value claims or cases.

High Court Writ: 

A document issued by the High Court authorising the enforcement of a judgment or order.

Late Payment of Commercial Debts (Interest) Act 1998: 

A United Kingdom legislation that provides for the payment of interest on overdue commercial debts and allows for reasonable recovery costs.

Lien: 

A legal right or claim against a property or asset as security for a debt or obligation.

Liquidation: 

The process of winding up a company’s affairs and selling its assets to repay creditors. It typically occurs when a company is insolvent and unable to meet its debts.

Money Claim Online (MCOL): 

An online service provided in the UK for initiating and managing the small claims court process for money claims.

Money Order: 

A court order directing a debtor to pay a specified sum of money to a creditor.

Notice to Quit: 

A formal notice served by a landlord to terminate a tenancy and require the tenant to vacate the premises within a specified period.

Order for Questioning: 

An order issued by the court requiring a debtor to attend and answer questions regarding their financial circumstances to aid in debt recovery.

Process Serving: 

The formal delivery of legal documents, such as summons, complaints, or court orders, to parties involved in a legal proceeding.

Respondent: 

The party or individual who responds to a legal claim or action initiated by the claimant.

Solicitor: 

A legal professional qualified to provide advice, handle legal matters, and represent clients in court.

Statutory Demand: 

A formal written demand for payment of a debt, issued by a creditor to a debtor. It is often a precursor to bankruptcy or winding-up proceedings.

Tort of Deceit: 

A legal action based on a false representation made by one party to another, causing harm or loss.

Trace: 

The process of locating a person’s current whereabouts or assets for debt recovery or legal purposes.

Trading whilst Insolvent: 

Engaging in business activities while knowing or having reasonable grounds to believe that the company is unable to pay its debts as they become due.

Wrongful Trading: 

The act of continuing to trade a company while knowing or reasonably believing that it cannot avoid insolvent liquidation. It may result in personal liability for directors or other responsible individuals.