Frequently Asked Questions
Here at Guardian Recovery, we realise that there are many questions that cannot be answered here. If you wish to discuss anything pertaining to your particular situation, please contact our highly trained Customer Service Team. However, here we have set out a selection of the most commonly asked questions for you to check, to see if there is an answer to your query. As we continually strive for excellence in all areas of our work, please check back regularly, as the answers herein are regularly updated.
1. What is your success rate?
Excellent. Whilst each individual debt is different, most debts are resolved with our initial approaches. If the following do not apply, we will usually ensure you will be paid, generally within a few weeks.
- The debt is disputed
- The debtor absconds or goes into Receivership/Liquidation/Administration
- The debtor actually has no money
- The correct identity cannot be established
In our experience, it pays to take action as soon as possible, otherwise you may find that you were too late. If a debtor has only £2000 to pay £20,000 worth of bills, they will typically pay the people that employ the Debt Collectors first. Don’t wait until the money runs out. Very often the reason you have not been paid is because your debtor has cash flow problems and will not admit to it. They may also be waiting to see what steps you are going to take. Once you employ our services they should realise that it is in their own interest to resolve the matter and also that you are serious about recovering your money.
2. If the Debt is disputed can you help?
Yes. We can often negotiate a settlement on your behalf. You will be informed of any offer of settlement and you can then decide to accept or reject any offer. Our In-house Legal Team can also offer Fully Guided Mediation up to the point of going to court.
3. What if the company is in Receivership/Liquidation, can you help?
Yes. We can check to make sure that they are in fact, in liquidation or receivership. We will check to make sure it is above board etc, and that you are informed of meetings and who the other creditors are. Some companies send out notices that they are going into receivership but, don’t actually cease trading. It pays to check.
4. Can you provide Legal Assistance?
Yes. Our in-house legal team can assist you on matters relating to debt. We are Debt Collectors and not solicitors. Debts are usually straight forward but, if they are more complicated, we will provide information to assist you in choosing the best course of action.
5. If there is a trial or hearing will I need to attend Court?
If the case is contested, you will have to attend or send somebody that has knowledge of the case to explain the nature of the debt to the court.
6. Can somebody from your company appear as a witness?
Subject to location and availability, it is possible for somebody to attend court by arrangement. Note: There will be a charge for this and overnight expenses will apply for travel of more than 60 miles from base.
7. Can you provide me with copies of correspondence?
Copies of correspondence received from your debtor will be faxed or posted to you when they are received. A nominal administrative charge will be made for further copies or a written progress report.
8. How long will court action take?
County Courts vary and some are faster than others. It usually takes about 7 days after the Claim is processed for the defendant to receive it. If they don’t pay immediately, they have about 28 days to reply otherwise, Judgment can be requested by default. If they do contest the case, it can take at least a month or two for a trial date and judge’s directions and other things can drag proceedings into months. Enforcement can produce quick results but, can also last up to a year.
9. Can I use Credit Reference Reports or Companies House reports in court?
All information supplied by Guardian Recovery in respect of any credit reference, enquiry, company reports etc, is supplied in the strictest of confidence, for your eyes only and cannot be used in evidence or divulged to any third party. Copies of correspondence received by Guardian Recovery and our progress reports can be used in evidence.
10. Can I reclaim the court fees, issue fee etc?
The answer is usually yes. The court fees and interest are added onto your claim and are usually added to the Judgment if you win your case.
11. Can I reclaim any other costs?
You can generally claim travelling expenses and witness costs fixed by the court. You can ask for any reasonable expense incurred and the judge will decide if it is relevant and should be awarded.
Note: It is very rare to recover all your costs.
12. How do I make a complaint?
We work very hard to achieve the highest standards but for where you feel we've failed to achieve this, we have a complaints procedure. Details are on the Complaints Procedure page.