How can Davisons Law help?
Our debt recovery solicitors can discuss with you the best way to try and obtain payment for unpaid debts.
We provide practical help whatever the situation and the amount of the debt.
We will provide clear advice on all the commercial factors to consider when pursuing repayment of a debt and will often provide funding options based on the amount of the debt and whether it is likely to be disputed by the Debtor.
Factors our debt recovery lawyers consider in the assessment include:
- Whether legal costs will be recoverable as part of any claim. Normally legal costs of representation are only recoverable if the debt is over the small claims limit of £10,000.
- Debt recovery options such as a letter of claim, statutory demand, court proceedings.
- If the Debtor is in financial difficulty and incurring legal costs of court action and securing a judgment may not result in the debt being repaid as the Debtor has no assets against which recovery can be made.
- If there is a possible dispute in relation to the debt or a possible counterclaim.
- How the debt arose and what terms were agreed as regards repayment.
Business to Business Debts
If the debt owed is from Business to Business transactions such as sale of goods or provision of services resulting in an Invoice being submitted for payment, we can offer fixed fee services for debt recovery.
The steps taken usually involve a letter before action requiring payment, normally within seven days, in the event of non-payment taking court action to pursue recovery of the outstanding debt.
Where appropriate, an assessment will be made in some cases on whether serving a Statutory Demand is the best course of action.
Pre-action Protocol for Debt Claims
If the debt owed to your business is from an individual, there is the requirement to comply with the Pre-action Protocol for Debt claims.
We can ensure there is compliance with the protocol, which provides an opportunity to try and agree on a resolution without taking court action unless necessary.
A failure to comply with the protocol could result in the Court claim being dismissed or costs sanctions against the Creditor.
If a letter of claim does not lead to a resolution agreed for repayment of the debt, it may become necessary to pursue a court action to secure a County Court Judgment (CCJ), which is a court order to pay money.
Once a CCJ has been obtained, it may be possible to take enforcement action against the Debtor if they still do not repay the debt. Our business debt recovery solicitors can help with obtaining a CCJ and any enforcement action.