Litigation

Scottish Court Reform: The new Simple Procedure Rules

Scottish Court Reform: The new Simple Procedure Rules

On 28 November 2016 a new Simple Procedure will be introduced in Scotland as part of the ongoing civil courts reform.  The rules will apply to many low value claims up to £5,000 and will replace the existing Small Claims and Summary Cause processes in that respect.

Optima Legal retains CSA Collector Accreditation Initiative status for fifth year running

Optima Legal retains CSA Collector Accreditation Initiative status for fifth year running

Optima Legal’s Litigation and Recoveries Department, based in Leeds have successfully retained the CAI ‘Company Accreditation’ status for the fifth year running. 

Benchmarked against the highest industry standards and awarded by professional trade body the Credit Services Association (CSA), the Collection Accreditation Initiative (CAI) demonstrates the continuous professional standard of our litigation and recoveries team members and organisation. 

The Courts Reform (Scotland Act 2014)

The Courts Reform (Scotland Act 2014)

The Courts Reform (Scotland Act 2014) ("the Act") was passed in the Scottish Parliament on 8 October 2014 and received Royal Assent this week. The Act makes some of the most significant changes to the Scottish civil justice system in over 40 years. The effects will be felt over the coming few years as these changes come into effect. We have no clear timetable as yet but the Scottish Government hope to start introducing changes during 2015.

EU Data Protection Legislation

EU Data Protection Legislation

Unintended consequences and the potential impact on the credit and debt market

The proposed EU data protection legislation threatens to change fundamentally the way lending decisions can be made. In this white paper, we consider the unintended consequences of the proposed legislation and the potential impact on the UK’s credit and debt market.

 

Removing the mystery around debt in Scotland

Removing the mystery around debt in Scotland

Denise Loney, Partner and Head of Litigation Services - Optima Legal Scotland, unravels the mystery surrounding debt in Scotland.

Scottish debt recovery and enforcement procedures are often seen as complex and costly. This perception is based, to a large extent, on unfamiliarity with Scottish terminology together with a lack of experience on the part of some creditors, in pursuing Scottish debts.  

Litigation and insolvency in the debt purchase market

Litigation and insolvency in the debt purchase market

In this Whitepaper we look at the debt purchase market and the strategies and tactics being used to recover unpaid debts in a challenging market.

Managing misselling

Managing misselling

Claims regarding PPI may be starting to dwindle but the controversy provides some valuable lessons in how lenders should deal with misselling claims.

Payment Protection Insurance (PPI) has never been far from the headlines. Lenders have shelled out more than £12.9bn in compensation since January 2011, according to the Financial Conduct Authority (FCA), as claims management companies (CMCs) went after lenders on behalf on individual clients.

Third party payments for mortgages - what are your obligations?

Third party payments for mortgages - what are your obligations?

A significant Court of Appeal case, won by Optima Legal, has given lenders a clearer sense of their position when accepting mortgage payments from third parties.

As pressure mounts on personal finances, it may not come as a shock that banks and building societies receive many thousands of mortgage payments every day from someone other than the contracted borrower.

Third party payments, however, are not always simply a case of a white knight helping out an indebted borrower.

 

Recovering Money from Foreign debtors, is it really worth it?

Recovering Money from Foreign debtors, is it really worth it?

The process for recovering money from obstructive or uncooperative foreign debtors is not as difficult as it may first appear. Together with Pierre Haincourt from Credit Limits International we explain the options available.

A leaner landscape

A leaner landscape

Creditors have sized up and sharpened their panels - and for lawyers it’s been no different. What's left is a set of clearer, coherent strategies for litigation in future, amid an onslaught of rule changes. Finding and delivering the right outcome for consumers. This phrase, or familiar versions of it, has become the penchant of directors heading up creditors' recoveries teams across the board. 

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