Credit Control and Debt Collecting

Credit & Debit Control

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Although the syllabus is primarily concerned with procedure in the County Court because that is where the majority of debts will be collected, the student must be aware of any differences between County Court and High Court procedure. Access to a law library or law texts is essential as the award involves research.

Syllabus

Credit Control

Credit Policies: The importance of Cash Flow, The cost of Credit, Terms of Credit, Credit Control Policies

Sources of Information: References, Trade, Bank, Competitors, Credit Agencies, Published Information, Risk assessment

Opening Accounts: Conditions of Sale, Guarantees, Retention of title, Discounts, Penalties

Creating a Credit Control System: Co-ordination, Collection philosophy, Isolating excuses, Keeping records, Professional Debtors, Collection Methods, Letter, Telephone, Personal calls, Factoring, Collection Agencies/Solicitors, Writing off a bad debt, Getting back VAT, Creditors' meetings.

Debt Collection

Preliminary Matters: Limitation of actions, Viability of claim, Authority to sue, Evidence, Witnesses, Contracts, Correspondence, Invoices/Receipts, Proof, Which Court, Parties, Claim letter, Remedy sought

Commencing Action: Claim, How issued, Preparation, Drafting Particulars of Claim, Service

Conducting Action: Judgment in Default, Admission, Statements of Case Defence, Counterclaim, Reply, Amendments, Request for Further, Information, Tracks, Summary Judgment, Joinder, Interlocutory Applications, Case Management, Payment into Court, Dismissal, Directions, Discovery

Preparing for the Hearing: Notices, Witnesses, Fixing Date, Instructing Counsel

The Hearing: Hearings in Open Court, Attending with Counsel/Solicitor, Form, Procedure, Small Claims Court Form, Procedure, Advocacy, Dealing with District Judge

Costs: Understanding of the concept of Assessment of costs

Enforcing a Judgment: Interest on debts, Warrant of Execution, Third Party Debt Orders, Attachment of Earnings Order, Charging Order, Insolvency, Procedures on each.

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)