Our litigation team assists with all types of debt recovery. While our expertise covers all aspects of contractual and non-contractual money claims, we frequently act in the recovery of unpaid invoices, loans, leasehold service charges and ground rent, and rent arrears.
We adopt a three-stage approach for claimant clients.
1. Assessing the debt
We first conduct a fact-finding exercise to establish the nature and extent of the debt. This includes examining the contractual documentation, if any, the correspondence between the parties and the financial standing of the debtor. Having done so, we provide you with a synopsis of the options available. These typically include direct correspondence with the debtor, a formal letter before action, and, where appropriate, a statutory demand as a precursor to insolvency proceedings.
2. Securing judgment
If payment is not forthcoming, we lodge a claim with the County Court (or, for larger or more complex claims, the High Court). Where the debtor does not respond we apply for judgment in default. Where the debt is disputed we advise on the merits of the defence and the costs and risks of pursuing the claim to trial.
3. Enforcing the judgment
On obtaining judgment we provide detailed advice on your options for enforcement and recovery. Depending on the circumstances these may include instructing County Court bailiffs or High Court enforcement officers, charging orders over property, third-party debt orders against bank accounts, attachment of earnings, or insolvency proceedings.
Defending claims
We also act for clients who have received demands or been served with court claims by alleged creditors. We analyse the debt and the documentation carefully, advise on any defence or counterclaim, and negotiate where a commercial settlement is in your interests.
Our fees
For undisputed business debts of up to £100,000 we offer fixed fees, published on our debt recovery fees page. For disputed or higher-value claims we give a written estimate at the outset.