DEBT COLLECTION

An effective dunning procedure often contributes to minimising losses.

With reminder calls, an effective follow-up on your reminders is ensured. There is a clear connection between how quickly we contact the debtor and when they pay. Quick contact by phone gives far better results for you as a client and is effective because our employees are capable of being on the same “wavelength” as the debtors.

You may combine reminder calls with a written dunning procedure. A combination is often the most effective way in case of claims with monthly collection, notwithstanding the current services provided by the client to the debtor.

Reminder calls or dunning service is implemented in close cooperation with you to ensure as much automatization as possible and thereby minimum administration and resources at your end.

We will provide you with current reporting on our results.

All payments from the debtors are made directly to you, unless otherwise agreed. We handle very large pools of cases and guarantee that debtors are contacted also outside normal working hours, with the limits of legislation, of course, which means until 21.00 on working days and until 16.00 on Saturdays.

If we do not succeed in collecting the claim in connection with our reminder call or dunning service, the claim will be referred for (extra-judicial) debt collection.

Quick and effective follow-up minimises the risk of losses. We ensure a quick, effective and targeted debt collection procedure. The case is entered into our debtor system, and the debtor is contacted immediately by letter.

After entering into our debtor system, the debtor will be assessed immediately. This is to ensure that we take action where there is the optimal collection effect. An assessment of the debtor involves:

• Name and address check
• Credit rating check
• Check of the Danish Official Gazette (debt restructuring, bankruptcy, death etc.)
• Verification of property data
• Verification of telephone number
• Debtor checks are made regularly during the collection procedure.

Based on the information on the debtor, we will choose the most suitable collection procedure. We will choose between different procedures depending on the debtor and the type of case:

• Written procedure
• Telephone procedure
• Assessment of the debtor’s ability to pay and any ownership of assets by searching public registers
• Conclusion of voluntary settlement/admission of debt
• Registration of debtors in the RKI Register
• Administration of payment agreements.

There is constant focus on the debtor, and we respond immediately if we assess that the debtor’s ability to pay has improved, for instance of the debtor acquires real estate.

Through the procedure, we seek to maintain good communication with the debtor, and we therefore do our utmost so that our employees - in addition to being competent within collection - also have a flair for telephone contact with the debtors. Consequently, we often have debtors conclude and observe payment agreements.

Our fee is typically based on our performance.

If we do not succeed in collecting the claim, we will contact you to discuss whether the claim should be recovered through the courts.

If the debtor does not have the ability to pay the claim, or the claim’s legitimacy is disputed, e.g. If the debtor disputes the size of the claim or the work performed, the next step requires debt recovery.

Debt recovery does not necessarily involve heavy additional costs. Our set-up minimises the costs and ensures a quick and smooth handling of the continued collection.

The transition to debt recovery will only take place with your acceptance, including your acceptance of the costs relating to debt recovery.

Debt recovery involves:

• Notice concerning debt recovery
• Preparation of claim for payment, writ or application
• Administration of the debt recovery
• Registration in the RKI Register
• Participation in meetings before the enforcement court
• Repossession and forced sale of assets.

Even though the claim may not be paid in connection a debt recovery, it is now subject to a ten-year instead of a three-year limitation period, and the claim may be registered in the RKI Register.

We have good result and wide experience in relation to debt recovery, and we generally recommend debt recovery - unless the debtor’s ability to pay proves otherwise. In some situations, debt recovery is a step which makes the debtor pay.

If the claim is irrecoverable, the case will be concluded so that the client can write off the claim as lost, and, if you want us to, we will continue monitor the case.

Horten is specialised within bank collection and has many years’ experience collecting claims for the banks. We know how to create the best results for the bank. We provide efficient bank collection adapted to the wishes, needs and possibilities of the individual banks. In cooperation with the bank, we prepare a procedure for the debt collection, which may be tailored to the individual situation or aims at continued cooperation.

We offer a Horten-model which is a quicker, easier and cheaper way to collect money. This means that Horten can prepare a demand note to the debtor and forward the case to the court the same day as we received a new case from the bank.

Bank collection typically involves defaulted chattel mortgages or mortgages on land, all kinds of defaulted bank commitments and suspension of limitation periods in connection with previously concluded cases.

If we do not succeed in making a debtor pay via a voluntary agreement in the extra-judicial procedure or after a legal procedure, the case may be referred for monitoring. We also monitor written off claims which have previously been handled by other lawyers or debt collecting agencies.

Our monitoring process is very similar to our collection procedure as we will remind the debtor on a regular basis that the debt is still to be paid. Our persistence often has a positive effect. The active efforts mean that losses on debtors will be retrieved.

The monitoring process is based on the current assessment of the debtor’s ability to pay and the type of case. Collection procedures will be carried out to ensure optimal collection. There is constant focus on the debtor, and we respond immediately if there are any changes in the debtor’s situation,

We will often contact the debtor by phone to make a payment agreement, but the case may also be concluded by way of voluntary composition.

Our fee for this type of case always depends on our performance meaning that we are only paid a fee if we succeed collecting the debt. In other words: If we do not collect the debt, our assistance is free of charge.

Even though the case has been heard by the enforcement court once, it may be brought before the court again if this is assessed to be the correct way to collect the debt or to avoid that the claim is statute-barred.

Horten offers a unique full-service solution to our clients within the leasing and finance sector as we help repossess leased and financed assets. This service includes dunning services, extra-judicial debt collection, repossession of chattels (out of court or with the assistance of the enforcement court) and monitoring. Several of our clients have thus chosen to outsource their entire debt collection to us.

When assisting with the repossession of leased and financed assets, the primary purpose is to have the debtor update its payments under the agreement as soon as possible or to hand over the financed assets voluntarily. The debt will be placed for collection immediately, and if the debtor does not react within the time limit of ten days, the case will be brought before the enforcement court for the purpose of repossession.

A typical repossession case may be as follows - depending of the type of case:

• Debt collection letter
• Forwarding of recorded delivery certificate
• Forwarding of application concerning enforcement proceedings to the enforcement court - registration in the RKI Register and the relevant debtor register
• Current dialogue with the debtor - forwarding of updated statements etc.
• Participation in meeting before the enforcement court
• Collection of the financed asset
• Retrieval of enforcement court record
• Deletion of execution levied against asset, if any
• Information to the RKI Register concerning 1-year registration

In addition, we assist with the following:

• Reporting of damage and loss under the endorsement securing the interest of a named mortgagee.
• Preparation of police report
• Safeguarding of the client’s interests in the situation where the financed assets is in a third party’s possession due to unlawful transfer, including confiscation, seizure or lien exercised on the financed asset
• Correspondence and legal action, if any, against a third party for the purpose of repossessing the financed asset.

If the debtor is subject to bankruptcy, restructuring or debt restructuring proceedings, we also undertake to file proofs of claim and repossession of the financed asset.

Our debt collection staff is highly specialised within repossession of chattels, having worked in the area for more than 30 years. We also have our own network of students ready to appear physically before the enforcement courts all over the country in repossession cases. They have been carefully selected and are trained and supervised by our specialised debt collection lawyers to ensure the highest possible quality in enforcement court proceedings.

Horten often assists publicly owned creditors, e.g. publicly owned supply utilities, with the collection of claims. Public claims are not covered by the Debt Collection Act or the Interest Act. There is therefore no authority to impose costs on the debtor, apart from reminder fees and default interest in connection with collection.

Horten offers differentiated debt collection where we validate and upgrade cases with the debtor’s information on a regular basis. We also ensure that your cases are monitored to enable us to respond to any changes in the debtor’s situation.

As it is not possible to impose collection costs on the debtor, we offer collection of publicly owned supply utilities’ claims at a fixed price depending on the number of cases. We offer:

• Registration of the claim in your system
• Forwarding of demand letter and various collection letters
• Telephone call to the debtor
• Administration of payment agreements for up to 12 months
• Correspondence with the debtor
• Administration of payments and settlement with you
• Safeguarding of your interests in connection with administration of an estate.

We handle very large pools of cases and guarantee that debtors are contacted also outside normal working hours, with the limits of legislation, of course, which means until 21.00 on working days and until 16.00 on Saturdays.

Horten assists with the forced sale of all types of real estate. This applies to private clients such as banks and mortgage-credit institutions as well as public authorities and insurance companies whose claims are often pre-preferential.

We have wide experience advising on specific problems pertaining to auctions, for instance questions concerning VAT, chargee's accounts, construction on leased sites and properties in possession of the mortgagee.

We advise a large number of municipalities on the collection of property tax arrears and other pre-preferential claims. We have developed a special IT system ensuring a thorough process where all cases are reviewed in an automatic work flow that requires a minimum of man-hours on the part of the municipality.

With a file extract from the municipality, the case is registered automatically in our IT system, and via a web service solution from KMD, the information from the municipality will be validated and updated every day. We therefore receive daily updates on arrears directly from KMD, which is a very resource-saving solution at the municipality, and it ensures that we have a general overview of the municipality’s outstanding account with a debtor. In addition, the cases are updated with the following information on a regular basis:

• Kreditvagten (credit watch service)
• Debitor Registret (debtor register)
• RKI (credit rating agency)
• Tinglysning (land register)
• LIFA - property information
• The Danish Official Gazette.

Our technical set-up, where all cases are reviewed in an automatic work flow, ensures the most correct and cost-effective case handling for the municipalities.

As applicant of a forced sale, you can follow your cases on Inkassoportalen.dk, see more below.

We also offer highly specialised legal advice within all areas relating to collection. See more here: Leasing & financial services