Debt Recovery
Solicitors

Our Debt Recovery specialists are on hand to help across a range of sectors.

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Debt Recovery Services

Being paid on time is essential to you and your business. Taking control of your debts minimises their impact and having effective ways to improve cash flow secures your business confidence and plans for growth. We work together with our clients on the recovery of “business to business” unsecured debt, guarantee and indemnity claims, or a range of property issues including rent arrears and service charges.

Have you ever felt that your demands for payment are not being taken seriously? Give your credit control a bit more bite!

In many cases a Solicitor’s letter will be enough and payment will be made. However, if no payment is forthcoming our specialists can take the next step and enter court proceedings.

Invoice Recovery
Unpaid Rent
Management & Service Charges
Can the Debtor pay?

Invoice Recovery

We work with clients on the recovery of business to business debts, from pre-action to enforcement. If you have outstanding invoices that are overdue, our specialists can help you recover them.

Invoice recovery involves a strategic approach to reclaiming owed funds. In this process, documentation of the original transaction, including contract terms and communication records, is vital. We leverage negotiation skills with disputing parties to reach a resolution.

We provide an efficient, reliable, and transparent service across both transactional work and more complex litigation.

Unpaid Rent

If you are a commercial or residential landlord with tenants in rent arrears, our team can help you recover them.

Unpaid rent demands a systematic approach for landlords seeking restitution. Thorough documentation of lease agreements, payment histories, and communication records establishes a solid foundation. We employ effective negotiation techniques, aiming to mediate with tenants and resolve disputes.

The focus is not only on financial recuperation but also on safeguarding the landlord’s rights and property interests through a well-structured debt recovery strategy.

When you need urgent assistance, our property recovery specialists act quickly and decisively to help reduce your arrears, or provide valued advice and guidance upon the options in cases of an inability to pay.

Management & Service Charges

It is vital for the efficient running of your property management company that charges are paid in full and on time.

When payments are outstanding and arrears accumulate, you need to act quickly to ensure a speedy recovery. Management companies can find themselves under huge pressure from creditors if they have not received the arrears from the tenants to pay them. Ground rent and service charge arrears can build up and before you know it, property management can suffer.

Our specialists can ensure that your debt is recovered promptly to avoid cash flow issues.

Can the Debtor pay?

Assessing whether the debtor is a “won’t pay” or a “can’t pay” customer is essential to the success of legal proceedings. Our specialists can provide pre-action assessments and debtor profiling reports to guide you on commercial risks.

Assessing the debtor’s financial capacity involves scrutinising assets, income sources, and liabilities. A thorough examination ensures that proposed settlement terms are realistic and feasible for the debtor. It demands open communication, allowing us to explore payment plans or alternative arrangements tailored to the debtor’s financial situation. Understanding the debtor’s ability to pay not only streamlines negotiations but also facilitates a more sustainable resolution, fostering cooperation between parties.

We understand that getting paid is the objective, and to that end we provide expertise and an efficient approach to recovering your debt.

FAQs

Have you ever felt that your demands for payment are not being taken seriously? 

For £35 plus VAT we will send a letter demanding payment within 14 days otherwise court proceedings will be issued. In many cases a Solicitor’s letter will be all that is needed and payment will be made. If however the letter is ignored and no payment is forthcoming then court proceedings will be the next step and this is where our ‘Undefended Debt Collection Service’ can help.

The Services Includes: 

  • A review of the paperwork including unpaid invoices.
  • Preparation and drafting of court proceedings.
  • The issuing of the paperwork/claim at court.
My accountant has reviewed our debtors and  pointed out that we have a customer who failed to pay an invoice we sent them in 2016. Is it too late to do anything about it?

The basic rule in contract cases is that the Claimant has six years to bring a claim for the monies due. However, in order to know whether or not those six years have passed you need to look at when the right to bring an action began. If the invoice in 2016 was the first time that payment had been requested it is likely that the customer was only expected to pay at this time and not before. Therefore, the right to pursue the customer for the debt started less than six years ago and there would be no problem in issuing the claim. You should be cautious though and check any contractual terms you have as you may find that a shorter limitation period was agreed in the contract.

My customer’s business is based in Germany. They an office in London, their key trade is in the UK, but all their key management is based abroad. Can I issue a claim for the money they owe me in the UK Courts?

If you are in business with someone who is based abroad the key factor on which court has the jurisdiction to determine a dispute will sometimes be set by your contract. Therefore, the first thing you should do is check your contract terms and conditions. Where you are regularly dealing with customers who are based abroad and you contract on your own terms and conditions it would be sensible to include a clause to specify it is a Court of England & Wales that disputes will be referred to.

The debt I am owed is for just over £25,000. This is a lot of money for my business and so I cannot write it off. If I do manage to secure judgement against my customer who is based in in Europe and they fail to pay it what can I do to enforce the judgement against them?

When enforcing judgements against a business which is based abroad it can be challenging but there is a procedure in place to do so. The first thing you need to do is notify the company that you have secured judgment. If they fail to pay you will then need to determine where the businesses assets are. If they are in England or Wales you can enforce the judgment in the usual way against these assets. However, if the office in London is simply a small rented office for administration and there are no real assets of the company in England and Wales you will need to look to enforce your judgement abroad. If the judgement was obtained without the customer objecting to the claim then you may be able to apply for a European Enforcement Order. If you obtain this order you can then enforce the judgement against the business’ assets in their country.

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We are required by the Solicitors Regulation Authority to publish certain pricing information. 

Please contact us for an accurate fee proposal based on your particular facts and circumstances.

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