Cross Border Debt Recovery



"As President of a large urbanisation (478 properties) in July 2012 I contacted Jeremy Boyle after reading about him in the Euro Weekly News and his ability to collect community debts. In less than a year, through his sheer tenacity and professional determination, he has managed to secure payments from our British debtors; some that we had virtually given up hope of ever settling! Jeremy and his colleagues have kept in constant and personal contact updating us at every stage and I would wholeheartedly recommend him to any community with British and Irish debtors.”

"Como presidenta de una urbanización grande de 478 viviendas, en julio de 2012 me puse en contacto con Jeremy Boyle tras haber leído un artículo en el periódico Euro Weekly News sobre su capacidad de cobrar deudas de las comunidades. En menos de un año, debido a su tenacidad y determinación profesional, ha logrado recuperar pagos de nuestros deudores británicos, ¡casi habíamos perdido la esperanza de poder cobrar jamás de algunos de ellos! Jeremy y sus colegas han estado en constante contacto personal con nosotros para mantenernos al día de cada etapa y yo sinceramente le recomiendo a cualquier comunidad con morosos británicos e irlandeses."

Anne Hernández - President, Comunidad de Propietarios Cerros del Águila, Mijas Costa
Are you a creditor living in one European member state such as France, Germany Italy, Spain or Portugal and owed money from a debtor based in the United Kingdom?
Perhaps you have obtained a judgment in the Spanish courts? If so we can help recover the money due to you.

Using European legislation brought about by the Brussels Convention, we are able to recover most types of liquidated debts including community fee charges, mooring charges and estate agency fees.

There are a number of methods of recovering a debt from a person or business in another European Union (EU) member state.

Where one of the parties is in a different member state from where the case is to take place this is known as a 'cross-border' claim.

European Order for Payment Procedure (EOP)

The EOP procedure under Regulation (EC) No 1896 of 2006 is a relatively quick and easy way of recovering an uncontested debt from a person or business in another European Union country.

We can draft the relevant court forms involved and submit these to the relevant court in the event that the debtor refuses to pay.

European Small Claims Procedure (ESCP)

If the value of your claim is less than €2,000 under Regulation (EC) No 861/2007 you could use the European Small Claims procedure (ESCP) which is for low value claims in cross-border cases.

As well as using standard forms across the European Union, the ESCP also sets time limits to speed the process up which were revised on 19th November 2013. Planned modifications will increase the €2000 claim limit to €10,000 and court fees will be capped at 10% of the claim amount which will assist individuals and businesses to recover their debts. We can draft the relevant court forms involved and submit these to the relevant court in the event that the debtor refuses to pay.

European Enforcement Order (EEO) for uncontested claims.

A European Enforcement Order (EEO) under Regulation (EC) 805/2004 provides a simple method for enforcing your uncontested judgment in another country within the EU.

We can draft the relevant court forms involved and submit these to the relevant court in the event that the debtor refuses to pay. Thereafter we can assist with the enforcement of such claims.

What is the advantage of using solicitors instead of a Debt
Collection Agency (DCA)?

Many clients based abroad do not appreciate the advantages of instructing a firm of solicitors instead of a debt collection agency, otherwise known as a DCA.

There is a huge difference and here we explain why. Click here to learn why.

How do you charge?

Creditor clients often wrongly believe that lawyers only charge by the hour. The latter is not always true and Welbeck Solicitors takes an innovative and modern approach to litigation funding.

The vast majority of our work is undertaken through a ‘Damages Based Agreement (DBA)’ which is a document approved by the Ministry of Justice. This means that you pay by results and only pay fees if a recovery is made.

In addition where possible Welbeck Solicitors will endeavour to recover our fees and any related disbursements from the debtor or a third party.

For further details please see the explanation below.
A damages-based agreement (DBA) is a form of "no-win, no fee" agreement between a lawyer and client under which the lawyer is paid an agreed proportion of the sums the client recovers in litigation. This kind of arrangement is perhaps more often described as a "contingency fee", but in England and Wales that term would also cover a "conditional fee agreement".

Until recently, English law only permitted DBAs in relation to non-contentious transactional matters and proceedings before employment tribunals but, from 1 April 2013, they are now permissible in relation to proceedings before the English courts. In debt collection cases, the payment a lawyer may agree to receive under a DBA will be subject to a cap of 50% of the sums recovered by the client but Welbeck Solicitors charges a lot less.

The liability of an unsuccessful party to pay the costs of an opponent, which has entered into a DBA, will continue to be calculated in the usual way i.e. based on the lawyer's hourly rates.

State-of-the-art technology and software systems to get your
money back quicker.

We provide Internet access so that your management teams can always monitor the progression of your cases.

Our software also enables us to contact your debtors using SMS (text messaging) and our tracing system which is linked into one of the major credit reference agencies means that we can assist you to try and locate your debtor’s current address.

Pay Now. Our website also enables debtors to pay their debts electronically 24 hours a day, 7 days a week.

Our promise to you:

  • The protection afforded by instructing a firm of solicitors that is authorised and regulated by the Solicitors Regulation Authority and which is Lexcel accredited by the Law Society of England and Wales.
  • You will always deal direct with a team member who has the knowledge and experience to handle your case from start to finish.
  • We do not use call centres;
  • A client care client care solicitor partner with over 20 years’ experience in debt collection, insolvency law and litigation.

How to get in touch

If you would like more information on our Debt Collection services or for a free no-obligation discussion please call us on 020 7467 3999 or make an Online Enquiry.