Dispute resolution

Debt Recovery

Debt Recovery disputes resolutions for 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.

Experienced debt recovery solicitors

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

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.

Find out how our debt recovery solicitors we can help you.

Other factors to Consider

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