Debt recovery in Scotland
Working in close conjunction with the firm's financial litigation team, Aberdein Considine is well placed to assist a broad client base, including banks, asset-based lenders, building societies, debt purchasers and mortgage services, with the recovery of a wide range of assets and debt such as secured mortgages, commercial and business debt and asset-based lending recoveries. Myra Scott heads the lender services group.
‘The team is flexible, approachable and knowledgeable. They understand issues from a client’s point of view and offer first-class advice and service.‘
‘Joseph Bowie is excellent at managing clients, balancing the workloads of his teams and ensuring that a first- class service is provided.‘
Lloyds Banking Group
Royal Bank of Scotland
Santander UK plc
Nationwide Building Society
Clydesdale Bank plc (t/a Virgin Money)
Skipton Building Society
TSB Bank plc
The Mortgage Lender
Charter Court Financial Services
Atom Bank plc
- Advised a UK retail bank on high-value recovery proceedings regarding the bank’s security, including Court of Session proceedings.
- Represented a UK retail bank in the enforcement of hundreds of personal guarantees against directors arising out of its commercial lending division.
- Instructed by a number of lenders in multi-million pound recovery actions arising out of mortgage-related fraud.
- Acting for Santander UK plc in recoveries litigation in Scotland and England against a commercial lending customer.
Litigators Iain Rutherford and Stephen Goldie jointly head up the team at Brodies LLP, which received a significant boost with the arrival of consultant Frank Johnstone from Dentons in September 2019. His specialism lies in the motor finance space - an area of expertise that is shared by the wider team and complemented by significant expertise in the consumer credit sector. Clients include banks and other financial institutions, utility companies, motor finance companies and blue-chip clients.
Other key lawyers:
‘The team’s knowledge of its clients’ business is excellent.‘
‘They are a professional firm of solicitors who provide excellent attention to detail. All cases that we have referred to so far have had a fast turnaround.‘
‘We have not dealt with Brodies for very long, but I’ve been immediately impressed with their levels of dedication, as well as the years of expertise they bring to every case. They are always happy to discuss the nuances of various actions, and guide us through the legal pitfalls. Their partnership values are first class, and I look forward to working with them for a long time to come.‘
‘Frank Johnstone is someone we have worked with for many years, and is the reason we are now working with Brodies. He is a legal oracle for us, and has always given us excellent advice and helped us through many difficult cases.‘
Scottish Water Business Stream Limited t/a Business Stream
PRA Group (UK) Ltd
Toyota Financial Services (UK) Plc
- Instructed by Scottish Water Business Stream (BS) to manage its UK-wide volume collections including litigation and enforcement.
- Acting as Toyota Financial Services (UK) Plc’s sole Scottish supplier of debt recovery work, which includes regular court actions.
Morton Fraser has a strong profile for advising FCA-regulated clients and other lenders on FCA requirements, while also assisting public and education sector clients, self-invested personal pension (SIPP) providers, PLCs, SMEs, individuals and a growing number of credit unions with various recovery matters, including debt, possession of property, rental arrears and overpayments. Director Bill Stark heads the team.
‘Very well-organised practice and very diverse in their legal offering. Main strengths are delivering a good service without delay, which is important to what we require. They also provide excellent legal advice on industry matters.‘
‘All individuals in the team are very efficient, cooperative and knowledgeable and always willing to help and assist in our endeavors, which makes it a great team.‘
‘Each individual stands out with their own professionalism and approach ability and willingness to help.‘
‘Maggie Moodie has a well-organised team behind her with excellent knowledge base.‘
Glasgow Credit Union
Wells Fargo Bank International
Student Awards Agency for Scotland
Scottish Public Pensions Agency (SPPA)
Commsave Credit Union
Asset Alliance Leasing Ltd
Lloyds Bank Commercial Finance
Central Demolition Ltd
Marsh Finance Ltd
- Sole supplier of debt recovery services to the Scottish Environmental Protection Agency (SEPA).
- Providing recovery advice to 13 credit unions in Scotland.
- Assisting Lloyds Bank Commercial Finance (LBCF) with various recovery matters, including the recovery of sums due from multiple guarantors and indemnifiers.
- Acting for Wells Fargo Bank International Unlimited Company in a variety of matters, including the recovery of substantial sums due to the client under a factoring agreement.
- Acting for Bibby Factors Slough Limited in an action to recover sums due in terms of invoices assigned by a timber company.
Shoosmiths' extensive roster of lenders, debt purchasers and corporates is testimony for its wide-ranging debt and asset recovery expertise. Following Rod Macphail's retirement in May 2019, litigator Andrew Foyle took over the practice providing full-service debt recovery support, including insolvency recoveries, and putting particular focus on mortgage recoveries.
Other key lawyers:
‘Good rounded knowledge of the sector and is able to deal with volume work through a good infrastructure.‘
‘I can’t thank the team at Shoosmiths enough for all the extra work they do to provide information and answer any questions we have. They continually exceed expectations and go above and beyond for myself and the team. They are always happy to answer any difficult queries and provide an excellent service.‘
‘Andrew Foyle has been in this sector for a long time and has an excellent knowledge base and they work with volume-based clients, which is indicative of how Andrew manages his team.‘
‘Andrew Foyle is a stand-out candidate. He is very approachable and has a fantastic breadth of knowledge on a number of matters. He is always very positive in meetings and provides a great service when called upon.‘
Aldermore Bank plc
Arrow Global Group
Bibby Financial Services Group
Cabot Credit Management
Calor Gas Limited
Close Brothers Asset Finance
Close Brothers Invoice Finance
Close Brothers Motor Finance
Creation Consumer Finance /BNP Paribas
Darcey Quigley & Co.
Davenham Asset Finance
DM Hall LLP
First Response Finance
Fishers Services Limited
Grafton Merchanting GB Ltd
Hays Specialist Recruitment
Hillhouse Quarry Group
Honda Finance Europe Ltd
HSBC Bank plc
Leaseplan UK Ltd
Leeds Building Society
MKM Building Supplies
Peel Land & Property
PPL PRS Limited
Premium Credit Limited
Royal Bank of Scotland plc
Santander UK plc
Scottish & Southern Energy
Secure Trust Bank
Secure Trust Bank plc
The Land Trust
Wella UK/ Coty
- Acting for a lender in a cross-border matter, where its customer obtained lending over a number of commercial properties in Scotland, secured by securities over the properties.
- Instructed by Aberdeen City Council to raise an action for circa £14k in council tax arrears.
- Instructed by Grafton Merchanting to raise an action for payment against a guarantor.
- Assisted SSE Energy Supply with unpaid electricity invoices.
- Acted for Arkle Finance following the client entering into a guarantee-backed lease agreement with a restaurant which subsequently entered into liquidation. The team provided assistance with the settlement agreement allowing the guarantors to sell the property and release funds to the client.
Corporate, property and accountancy clients alongside insolvency practitioners regularly instruct Gilson Gray to assist with volume-based debt recovery matters, vehicle and asset recoveries, litigation and property-related recoveries; the last mentioned segment is frequently handled in cooperation with the firm's real estate team. Team head David Alexander has extensive experience in civil litigation and commercial contract disputes.
DTW Associates Ltd
D. J. Alexander
Scott & Co
91BC Property Services Ltd
SRA Ventures Ltd
St James Square LLP
Graham + Sibbald
Credit Resource Solutions Ltd
- Dealt with all of MGM Timber (Scotland) Limited’s debt recovery needs, including high-volume instructions and defended court actions. Recently, the team was instructed to recover outstanding sums from Central Fife Sheds Ltd.
- Handling all of YESSS Electrical’s debt recovery work. Recently, this included the recovery of monies from its customer, Dwanged Ltd, who was rumoured to be falling into liquidation.
- Acting for a commercial landlord to recover possession of his properties and to recover any sums due to him or his companies by his tenants.
- Assisting Credit Resource Solutions Ltd with high-volume debt recovery work.
- Scotmid instructed the team to look after its commercial and residential property portfolio in Scotland, in particular with regards to the recovery of possession and the recovery of outstanding rent arrears.
Harper Macleod LLP's debt and asset recovery team led by Dawn McKenzie acts for a significant number of Scotland's registered social landlords in court actions for arrears of rent, rechargeable repairs and factoring arrears, while its client portfolio also includes commercial organisations, financial institutions and public bodies.
Other key lawyers:
‘They are very accessible and always provide very thorough advice on diverse matters. We use them for litigation and for other legal advice in business matters. Their strength is knowledge and communicating advice.‘
‘They are all very approachable and easy to deal with. I find them all very knowledgeable and happy to go out their way to help.‘
‘Fast and efficient service. Clear and practical legal advice.‘
‘Well organised and proactive in relation to ongoing cases.‘
Link Group Limited
Sanctuary Scotland Housing Association
Scottish Borders Housing Association
Accountant in Bankruptcy
Matthew Clark Wholesale Limited
John W Grant & Sons Limited
Stirling Park LLP
Cairn Housing Association Limited
West of Scotland Housing Association
Irvine Housing Association
Williamsburgh Housing Association
Richmond Plumbing & Heating Merchants Limited
Cadder Housing Association Limited
Partick Works Limited
Complete Storage & Interiors Limited
Caledonia Housing Association
- Advised Accountant in Bankruptcy in pursuing the reduction of a transfer of one half of the value in heritable property following the defender’s argument the transfer of property was a conventional gift.
- Advised Christie & Co to recover sums due for unpaid invoices following the sale of its client’s businesses and business properties under a Sole Selling Rights Agreement. Value to client circa £100,000.
- Acting for Scott-Moncrieff, liquidators of Grampian MacLennan Distribution Services Limited, in an action against Carnbroe Estates Limited, challenging a gratuitous alienation by the company in favour of Carnbroe.
- Instructed by Dumfries and Galloway Council to assist with the recovery of unpaid nursing home charges.
- Acting in a secured recovery case for Ipsum Capital UK Limited, where the debtors are spouses who are currently going through divorce proceedings.
While MacRoberts LLP's volume debt recovery team continues to focus on property management, financial services, construction and the food and drink industries but it has also developed a specialism in parking debt, where the group acts for a number of private car park owners and operators. Commercial dispute specialist Leon Breakey and Stephen Cowan, whose debt recovery expertise also includes insolvency issues, jointly head the practice.
‘Exceptional teamwork. We are kept in the loop and made aware of the next steps of all actions taken, which in turn allows me to keep our own records up to date.‘
‘MacRoberts demonstrates a strong sense of purpose and the team communicates well with each other, sharing common goals and objectives. The appropriate level of skill and experience is apparent at all levels and this gives confidence and reassurance to the client. Decision making is guided by a strong sense of practicality and commercialism, coupled with many years of knowledge and insight in dealing with such matters.‘
‘Stephen Cowan stands out for me as being well respected and very knowledgeable in his chosen field of debt recovery and litigation. He is professional, pragmatic and practical in his approach which is supported by a strong technical background. He has many years experience spanning many different industry sectors and he brings a strong ethical culture to the team. He often deals with complex situations which demand sound judgement and flexibility in reaching decisions, within the framework of which he operates.‘
Cemex UK Operations
Speirs Gumley Property
Flogas Britain Limited
Together Energy Limited
John Brown Caterhire Limited
- Instructed by the petitioners Drika BVBA and Malu NV to enforce a decision of the Belgian courts in Scotland. The debtor appealed against registration of the judgement and that appeal was allowed.
TLT has carved out a strong practice handling secured and asset-based lending alongside unsecured debt recoveries with a client base ranging from clearing banks and utilities to local authorities and corporates, most notably in the retail, food and drink and telecommunications sectors. John Paul Sheridan and Tom McEntegart, both solicitor advocates with a focus on banking litigation and, in the case of Sheridan, with an additional specialism in commercial litigation, jointly head the team.
‘Key aspect is speed and communication, we are always kept up-to-date with case information and no prompting is required. This sets them apart from their peers.‘
‘There is strength in depth across their team, from paralegals to solicitors, associates and partners, balanced and concise advice is always provided.‘
‘Always contactable, clear lines of communication and information provided, no stone left unturned.‘
Punch Taverns (PPCF) Limited
Suburban Taverns Limited
Northbay Pelagic Limited
Bank of Ireland
Punch Partnerships (PML) Limited
MXM Property Solutions Limited
- Acted for BT plc in a court action seeking payment of money against a property development company; the costs sought related to costs incurred in repairing damage to telecommunication apparatus belonging to the client.
- Acted for MXM Property Solutions Limited in a debt recovery case running for more than 7 years; debt of £130,000 due to the client in respect of managing agent charges which had been spread to other proprietors and resulted in a number of the development creditors not being paid.
- Advised Heineken UK Limited on its security over a football ground and the debt owed by a social club.
- Acted for City Fibre Limited in the recovery of money following damage to cabling in Fife.
- Acted for Inverclyde Council in a court action raised for the recovery of money against proprietors for work carried out by the local authority under an abatement notice.
Co-led by solicitor advocate Fiona Stephen and commercial litigator Fraser Geddes, the team at Anderson Strathern frequently acts at the intersection of debt recovery and commercial litigation; an offering that attracts a broad client base including individuals, SMEs, public sector bodies and registered social landlords.
‘Anderson Strathern treat every engagement with the utmost respect and approach every matter in a professional way.’
‘The speed of advice is something that Anderson Strathern have mastered. Their responsiveness is very good which leaves the client knowing exactly where they stand.’
Northern Lighthouse Board
J.K.M. Industrial Supply Merchants Limited
Bridgend Garage Limited
PSFM SIPP Limited
Brandon Hire Limited
- Provided the full range of debt recovery services to Bridgend Garage Limited, most notably in relation to the recovery of defaulted hire purchase and personal loan agreements.
- Providing the full range of debt recovery services to Brandon Hire Limited/ Hire Station Limited, including court proceedings and enforcement.
- Instructed by Stirling Park LLP to pursue client debt through the court process, where its recovery efforts have not been successful.
- Providing the full range of debt recovery services to J.K.M. Industrial Supply Merchants Ltd, from pre-action correspondence through to enforcement of decree.
Ascent Legal Scotland
BTO Solicitors LLP
BTO Solicitors LLP is well versed in handling secured and unsecured recoveries as part of commercial and property disputes across a number of sectors such as financial, real estate, food and drink, retail, leisure and credit insurance. Litigator Grant Hunter heads the team.
Other key lawyers:
American Express Services (Europe) Limited
Coface UK Services Limited
Lloyds Banking Group
Employees of Caley Fisheries Limited
Scottish Football Association
Life Property Management Limited
Clyde Valley Group
Stena Line Ports Limited
James Gibb Property Management Limited
Scott and Co
United Wholesale (Scotland) Limited
Hazco Environmental Limited
- Acting for the employees of Caley Fisheries Limited in a commercial action in the Court of Session with the object to have the trustees restore funds following the sale of the trust’s shares in the employer company.
- Defending a well-known Scottish hotelier in commercial proceedings brought by a company against the client seeking payment of substantial sums said to have arisen in respect of management and facilities services to a hotel.
- Sole legal advisor to Life Property Management; the team manages around 20,000 properties across Scotland including associated debt management.
- Acting for Coface UK in a range of undefended and defended commercial debt recovery matters on behalf of its insured.
Working in close conjunction with the firm's finance litigation practice, DWF's UK-wide debt recovery practice has a focus on high-volume work, most notably in the commercial, finance and property debt space, and frequently acts for clients in the finance sector, while also handling regular instructions from utility companies, debt purchasers and property companies and high-net-worth individuals. Debt recovery and finance specialist Ricky Cannon and commercial litigator Naomi Pryde are the main contacts for the Scottish arm of the UK-wide practice.
‘Passion from all the team from paralegal to senior partner is what makes DWF different. The knowledge of the associates is unbelievable for asset finance and I would not trust anyone else. All advice given is reliable and a commercial view always taken when delivering suitable solutions.‘
‘Comprehensive understanding of the law with a commercial application that delivers outstanding economic results.‘
‘Passion and a desire to succeed and give the customer what they ask for.‘
‘Their desire to provide appropriate guidance on new and unusual scenarios to our business has been invaluable during our start-up period.‘
‘The team has many strengths, including their in-depth knowledge of the subject matter, including up-to-date case law and precedent. The ability to provide complex information succinctly. Their pace of work is valued highly and they are always available to speak with for advice and or instruction.‘
‘Ricky Cannon in particular, is someone who always makes time for our business and demonstrates true commitment to improving product knowledge. He has made himself readily available to deliver on-site training which was of great benefit to a large volume of new staff members. He welcomes questions and queries, no matter how menial or tedious and delivers a truly professional response at all times.‘
‘Ricky Cannon is a fantastic, knowledgeable and driven solicitor. He is able to manage, direct and address complex matters with ease.‘
Santander Consumer Finance
Barclays Partner Finance
Scottish Water Business Stream
Startline Motor Finance
Hyundai Capital UK Ltd
Specialist Motor Finance Limited
Shawbrook Bank Limited
NextGear Capital UK Limited
Aldermore Bank Plc
Arkle Finance Limited
PSA Finance UK Ltd
Ashtead Plant Hire Company Ltd
The Royal Bank of Scotland
- Providing Santander Consumer (UK) Plc with wide-ranging rovery support, including pre-legal collection management, litigation, enforcement management and post-legal collection management services.
- Providing Startline Motor Finance with wide-ranging debt recovery services, including collection management and court actions seeking payment of outstanding sums.
- Handling various debt recovery instructions for Ashtead Plant Hire Company Ltd.
- Appointed by Scottish Water Business Stream to provide national debt recovery support.
- Providing Greggs Plc with nationwide asset management assistance that includes the recovery of property-related debts in Scotland.
Shepherd and Wedderburn
Much of Shepherd and Wedderburn's recent work involved the recovery of secured and unsecured debt for lenders and banking sector clients on one hand and property debt recovery matters on the other. In the latter, the team receives regular instructions from landlords and managing agents to recover debts arising out of leases, licences and missives of let. Other clients include individuals, corporates and public sector bodies. Commercial litigator Elaine Brailsford heads the team.
‘As per litigation, the quality of debt recovery has been very good.‘
‘The team stands out in terms of service delivery and knowledge of our sector.‘
‘They are one of the few firms in Scotland that give consistently good work.‘
‘They have a good knowledge of my firm’s products and the finance industry. They are always ready to give advice and many lawyers are also qualified for English Law.‘
Ernst and Young (EY)
Hermes Unit Property Trust
KPMG (UK and Ireland)
UKAR UK Asset Resolution Ltd – covering NRAM Limited and Mortgage Express
Close Brothers Ltd
Mole Valley Farmers Limited
Mole Valley Feed Solutions Limited
Macdonald Resorts Ltd
Paragon Mortgages Ltd
City of Edinburgh Council
National House-Building Council
Edinburgh Alternative Finance Ltd (t/a Lending Crowd)
- Acted on behalf of the City of Edinburgh Council under a tender framework for all debt recovery services. This included simple procedure and ordinary actions, sequestrations, liquidations and appearances at the Heritable Court on behalf of the Housing Department.
- Instructed by Macdonald Resorts Limited to undertake bulk debt collection of management charges where the debt is hotly contested by members who have joined action groups and/or have instructed claims companies to act for them.
- Acting for Mole Valley Feed Solutions Limited (MVFS) in outstanding arrears by purchasers.
- Acting for the highway infrastructure operator, Amey Highways, pursuing volume debt recovery claims arising from incidents on its managed roads.