Commercial Debt Recovery Solicitors
Our experienced solicitors offer advice and assistance on all aspects of commercial debt recovery, acting for clients of all sizes. We understand that no two debts are the same, and prefer a one-to-one approach that reflects your individual needs and keeps costs to a minimum.
Recovering Your Debt
Recovering debts from your customers and clients is a crucial part to ensuring your organisation runs as smoothly as possible and doesn’t suffer financially. However, the debt recovery process can be time consuming, creating unnecessary business expenses. Arranging help with debt recovery can ensure your company continues to run smoothly and cost-effectively.
We have been helping business owners recover unpaid debts for many years and have experience in all areas of debt recovery, including:
- County Court proceedings
- Small Claims – fixed fee service
- Late payment interest and compensation
- Pre-action protocols
- Rent recovery
Our solicitors understand how important it is to get your invoices paid. That’s why we have made the debt recovery process as easy as possible by providing simple forms for you to fill in to let us know the details of your case. Which one you fill in depends on whether or not you have used our services before:
In many cases, a letter of claim will be sufficient to lead to payment in full or open negotiations if the debt is disputed. In this instance, we can negotiate with the debtor in respect of repayment and report directly to you. When proceedings are issued, we apply interest to the debt at 8% unless The Late Payment of Commercial Debts (Interest) Act 1998 or other contractual provision applies.
Should the debtor dispute the payment and you not accept it, our Dispute Resolution team will progress the recovery. If you do proceed to legal action, you should consider the financial situation of your debtor. If they do not have any money or assets or if they are unemployed, you may struggle to obtain payment unless they voluntarily agree to pay in instalments. We can help you obtain a status/credit report on a debtor, but remember, the information is likely to be slightly out of date. You may want to consider obtaining Judgment and leaving it registered in case their circumstances improve in the future.
In our experience, the sooner problem debts are dealt with, the better the chances of recovery. If you have bulk debts, we can agree a reporting process that meets your requirements. We can also offer access to our systems allowing you to view the current position on cases or run your own reports as and when required between agreed reporting intervals. Other areas of expertise include:
We will discuss with you the suitability of each option in a specific case before taking further action but in summary the methods of enforcement are:
Warrant of Control (County Court Bailiffs)/Writ of Control (High Court Enforcement Officers)
Attend at a debtor’s home or business premises with a view to removing goods to secure payment of the debt. They usually rely on the threat of removal to attempt to obtain payment.
Attachment of Earnings
Where a debtor is in employment (not self-employed) it is possible to obtain an Order requiring payments to be deducted directly from their salary.
The Judgment can be secured against any property owned by the debtor such as a home or commercial premises.
Third Party Debt Order
Monies due to the debtor by a third party or a bank account can be ordered to be paid directly to you.
An alternative is to consider Insolvency proceedings
Can I Recover Cost From The Debtor?
There are certain circumstances that may enable you to claim for our services. These include:
- If the terms and conditions of a contract provide for this and have been properly incorporated into the contract you can rely on The Late Payment of Commercial Debts (Interest) Act 1998
If neither of these circumstances apply to you, then you are still able to recover fixed solicitors costs and Court fees if legal action is commenced.
How Lupton Fawcett Can Help
To collect an outstanding debt, you can either get in touch with our team or complete your payment online by using our form
For more information on fees, please click here to view our up-to-date schedule of costs.
We can also provide advice on the best ways to avoid bad debts in the first place and have a range of guides in relation to debt recovery.
For more information about our business debt recovery services, speak to Robert Barnard on 07469 049216 or a member of our team today using the details on the form. We have offices across Yorkshire in Sheffield, York and Leeds.