Debt Recovery Advice: How to Find Information about Your Debtor in England

In debt recovery, having access to accurate information about your debtor is crucial to the process.   Whether you are a business or an individual trying to recover money owed to you, gathering information on your debtor can significantly enhance your chances of success.    In England, there are several lawful methods to obtain information about a debtor’s financial situation, assets, and whereabouts.

Why You Need Information on Your Debtor

Before pursuing any legal action, it is important to assess the debtor’s ability to pay and identify their assets.   Information about the debtor can guide your next steps and help you decide whether to pursue a court claim or seek an alternative debt recovery solution.   Information can also be essential in deciding which enforcement options to use if a judgment is obtained.   Additionally, gathering information can:

• Help determine whether a debtor is solvent or insolvent.
• Reveal the debtor’s income, employment status, or assets.
• Identify the debtor’s business affiliations and properties.
• Uncover hidden assets or bank accounts that could be targeted for enforcement.

1. Requesting Information Directly from the Debtor

The most straightforward method of obtaining information is to ask the debtor directly.   This can be done in a formal or informal manner, depending on the situation.   If a debtor has not responded to your demands for payment, you may ask them to voluntarily disclose their financial situation as part of your collection strategy. Be sure to keep your request professional, as you may still need to go through legal processes.

2. Using a Credit Reference Agency

In England, credit reference agencies provide valuable insights into a debtor’s creditworthiness and financial history.   Agencies like Experian, Equifax, and TransUnion can provide information about a debtor’s credit record, including:

• Credit scores: Whether the debtor has a good or poor credit history.
• Outstanding debts: A record of previous and current loans, credit cards, or other financial obligations.
• Bankruptcies and County Court Judgments (CCJs): Whether the debtor has ever been declared bankrupt or had a judgment issued against them for failure to pay a debt.
• Financial links: If the debtor is associated with any other individuals or businesses through joint accounts or other financial ties.

You can usually request a credit report on an individual or business by paying a small fee.   As a creditor, you can obtain this information, but it must be used in compliance with data protection laws, specifically the Data Protection Act 2018 and General Data Protection Regulation (GDPR).

3. Tracing a Missing Debtor

If you are unable to locate a debtor, it might be necessary to employ a tracing agent or investigator.   These professionals specialize in locating individuals or businesses that have moved or are hiding their whereabouts.   Tracing agents have access to databases and resources that can provide up-to-date addresses, phone numbers, and other information that might be crucial for pursuing legal action.

Some of the methods used by tracing agents include:

• Database searches: Accessing records held by the government, financial institutions, or private entities to track down current addresses and contact information.
• Social media: Searching platforms like LinkedIn, Facebook, and X to gather details about the debtor’s current job, location, or personal circumstances.
• Public records: Investigating publicly available records such as electoral rolls, land registry documents, and company records for clues about the debtor’s whereabouts.

A tracing agent can help you find missing debtors quickly and efficiently, increasing your chances of recovering the debt.

4. Using the Land Registry

If you believe that your debtor owns property, the Land Registry can be a valuable resource. The Land Registry records ownership of property in England and Wales, and anyone can access this information for a small fee. Searching the Land Registry can reveal the following:

• The name(s) of the property owner(s).
• Whether there is a mortgage or any charges on the property.

To perform a search against an individual you’ll need the address of the property you suspect they own.   However, you can ask the Land Registry search for properties owned by a Company, simply by the Company’s name.  If you are successful in obtaining this information, it can be a significant step in pursuing debt recovery.

5. Wage and Employment Information

Knowing whether your debtor is employed or has income can inform your debt recovery strategy.    There are various ways to find out about a debtor’s employment status:

• Social Media and Online Research: Many individuals and businesses list their employment details on social media profiles such as LinkedIn.   Additionally, you may be able to find information on job-related websites or professional directories.
• Employment Tracing: You may also inquire directly with an employment agency or use a third-party service to trace the debtor’s place of employment.
• Search of the Attachment of Earnings index: You can ask the Court local to the debtor to check its records to see whether there are any Attachment of Earnings Orders against the debtor already.

Once you know where your debtor works, once you have your Judgment, you can apply for an Attachment of Earnings Order through the court.   This will allow the creditor to deduct payments directly from the debtor’s salary or wages.

Conclusion

Finding information on your debtor in England is an essential part of the debt recovery process.   While there are many ways to gather information, it is important to follow the appropriate legal channels and ensure that you comply with data protection and privacy laws.   By utilizing resources such as credit reference agencies, the Land Registry and tracing agents you can increase the likelihood of successful debt recovery and ensure that you are fully informed about your debtor’s financial situation.

At Astle Paterson we have the knowledge and skill to assist you with the debt recovery process for your business from the start of matters up to payment being received.   Please contact Liam O’Shea on loshea@astlepaterson.co.uk or by phone on 01283 531366