Services
Specialist recovery services for business lending portfolios — from pre-legal letters through to statutory demands, insolvency petitions and court proceedings.
Pre-legal letter campaign
A structured series of three escalating demand letters to both the business and the personal guarantor, with clear timescales and consequences stated at each stage.
Letter before action (CPR compliant)
A fully CPR-compliant letter before action served on both the company and the personal guarantor, giving 14 days to settle or respond before statutory demand and legal proceedings are commenced.
Statutory demand — company
Formal statutory demand served under s.123(1)(a) Insolvency Act 1986. If unsatisfied within 21 days, grounds exist to present a winding-up petition in the Companies Court.
Statutory demand — personal guarantor
Statutory demand served on the personal guarantor under s.268 Insolvency Act 1986. If unsatisfied, grounds exist to petition for the guarantor's personal bankruptcy.
Winding-up petition
Compulsory liquidation proceedings filed in the Companies Court. A winding-up order leads to the appointment of an Official Receiver and investigation of the directors' conduct.
Bankruptcy petition
Personal bankruptcy proceedings against the guarantor. A bankruptcy order vests all assets in a Trustee in Bankruptcy, including interests in residential property.
County Court / High Court proceedings
CCJ proceedings pursued concurrently where appropriate. Enforcement via High Court Enforcement Officers, charging orders over property, and attachment of earnings.
The personal guarantee — why it matters
Where a personal guarantee has been executed in connection with a business lending agreement, the guarantor is jointly and severally liable for the full outstanding balance. RC Legal pursues both the company and the guarantor simultaneously.
- The guarantor cannot shelter behind the limited liability of the company
- Personal assets — including residential property — may be at risk
- Bankruptcy proceedings can be issued even if the company has been dissolved