Debt Recovery Solicitors

Debt Recovery Law Firm in London

Our debt recovery lawyers support start-ups, scale-ups and the entrepreneurially spirited.

Maintaining a consistent cash flow is one of the core challenges faced by virtually every commercial enterprise. For this reason unpaid debts, especially when left to accrue and mount over time, can pose a significant risk to the liquidity of any business.
We understand that effectively managing outstanding debts is essential to ensuring the success and stability of your business. Whilst each situation is different and requires an individual assessment, we have the expertise and experience across the full spectrum of available debt recovery options to offer you a tailored solution to:       1. maximise your prospect of recovering monies owed;       2. minimise your own costs exposure in pursuing the debt; and       3. achieve a resolution as swiftly as possible. Our debt recovery solicitors are committed to providing commercial and flexible solutions that offer the greatest value for money. For further details regarding the costs and our experience in accordance with the Solicitors Regulation Authority’s transparency rules please see here.

Experienced debt recovery solicitors

We have experience in a wide range of matters including the following:

  • Advising a range of clients on the optimal options for recovery of debts arising under commercial agreements
  • Commencing winding up proceedings in respect of a debt owed by a limited company resulting from their default as a guarantor under a tenancy agreement
  • Securing bankruptcy orders in respect of loans made by a limited company to individual debtors

Legal Considerations

What are the circumstances that have given rise to the debt?

This will dictate the approach recommended. Debts that arise from express contractual terms or breaches of written agreements will invariably be simpler to claim than those originating from, for example, an oral agreement.

Is the debt contested?

If the debt is disputed, then insolvency remedies i.e. statutory demands and winding-up or bankruptcy would be considered an abuse of process and will not be suitable; civil litigation would instead be the appropriate route. Conversely, for undisputed debts (those for which there are no legitimate grounds to resist payment), insolvency remedies can be a useful option for achieving a timely and cost-effective resolution.

Is the debtor based within the jurisdiction of England and Wales?

If the debtor is based abroad then insolvency remedies will not be applicable and there could foreseeably be complications in enforcing any Court Order for payment of the debt, costs and applicable interest.

Pre-Action protocol

In the event that a civil claim is issued, the Court will expect compliance with (1) the Pre-Action Protocol for Debt Claims, if the debt is owed by an individual to a business; and/or (2) the Practice Direction for Pre-Action Conduct, where the debt is a business to business matter. Both sets of procedural rules encourage early cooperation between parties and exchange of information to attempt to resolve without recourse to Court proceedings.

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Other factors to Consider

In a large number of instances, a letter before action from ourselves to the debtor demanding payment in full and outlining the remedies available to you if the outstanding balance is not cleared will be sufficient to prompt payment. It is often the case that debtors respond to the credible prospect of legal proceedings.
Any claims must be brought within the relevant limitation period. For simple contractual debts, this is usually 6 years. It is important to seek legal advice on limitation periods, particularly if you consider there is a risk that the date is imminent.
In the case of a contractual debt, is England and Wales the correct jurisdiction for enforcement? This will generally be stated expressly within the underlying contract.
Is the debtor insured in a manner that would cover the costs of a Court Judgment? If not, do they have sufficient assets to cover the value of the debt, plus any costs and interest? It is important to consider the prospects of recovery before any legal action is commenced. A judgment that cannot be enforced is not of any use and may have cost a significant sum to obtain.
Is the value of the debt below £10,000? If so, it is likely that any civil claim would be allocated to the small claims track, which would mean that, as a general rule, your legal costs would not be recoverable.
The general rule regarding costs in most legal claims is that if you bring or defend a claim and you are successful then the opponent must pay your legal fees and associated costs. You may wish to consider taking out After the Event Insurance which is a policy to cover this eventuality.

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