Commercial Debt Recovery Disputes

Our experienced dispute resolution solicitors specialise in helping businesses recover outstanding debts and defend against claims made by suppliers or customers. We focus on achieving fast, cost-effective outcomes with an aim to resolve disputes without the need for lengthy court proceedings wherever possible. Where such action is unavoidable, we are able to provide pragmatic advice regarding formal proceedings.

Commercial debt recovery services

We offer a complete, end-to-end debt recovery and dispute management service, including:

Development of a cost-effective pre-action recovery process, tailored to the circumstances of the debt.
Where debts are likely to be contested, a process which aims to narrow the issues in dispute. Compliance with the Pre-Action Protocol, including drafting initial letters of claim.
Where debts are likely to be unconsented, explanation and consideration of alternative methods of recovery to typical litigation process, such as statutory demands.
Commercially-focused investigations and advice regarding the implications of action, based on the circumstances of the debtor.
Issuing and management of Court proceedings, in accordance with the Civil Procedure Rules. Proactive considerations of possibilities to streamline this process and minimise costs;
Upon obtaining judgments, assistance with effective enforcement. If required, progression with any insolvency process.
Assistance with the preparation for and attendance of mediation and/or other alternative dispute resolution process.

Fees

We recognise that in debt recovery services, cost and commerciality is a primary consideration. Outside of contested substantive legal proceedings, our experts can offer the vast majority of debt recovery services on a fixed or capped fee basis, or even based on a contingency agreement in certain circumstances. This allows clients to proceed with cost certainty and to effectively manage risk.

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

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Other debt recovery considerations

Effective debt recovery goes beyond legal action

We have an extensive network of trusted professionals to assist with the various stages of debt recovery work. This includes asset tracers, litigation funders, insolvency practitioners and expert witnesses for a broad range of matters.

The importance of a balanced approach

Legal merit needs to be considered alongside a range of other factors. For example, as important as it is to be capable of succeeding in legal action is establishing that enforcement will actually result in a recovery. A realistic and balanced approach to commercial debt recovery is vital to ensuring that any action and expenditure is worthwhile, or at a minimum the risks have been identified and considered.

Prevention is better than cure

We have previously advised clients at the earliest opportunity; when commercial relationships are first being established. This allows safeguards to be implemented which minimise the risk of debts occurring in the first place. Robust systems and legal arrangements can greatly reduce the chance of an issue arising, or result in more options being available if required.

Commercial debt recovery experts

Our Commercial Disputes team combines technical expertise with practical insight to deliver results that make business sense.

Our experts have an established track record of achieving positive outcomes for businesses of all sizes. Whether pursuing outstanding debts or defending against unjust claims, we focus on swift, strategic resolutions that minimise cost and disruption to your operations.

Our team will work closely with you to understand your objectives, providing clear advice and practical solutions aligned with your business goals. Get in touch with our Commercial Disputes team today for clear, strategic advice and a confidential discussion about your options.

Commercial debt recovery disputes FAQs

What is the first step in recovering a business debt?

Firstly, if possible it should be established if a debtor cannot pay, or will not pay. In doing so, any information about the debtors financial circumstances can be useful to guide decision-making. While it needs to be balanced with cost, the involvement of a solicitor at an early stage can ultimately be commercially sensible in ensuring a strategy is developed at the outset.

What industries do you work with?

We have experience recovering debts for business across a wide range of industry sectors, including finance, property, construction and throughout the B2B supply chain.

Can you help if a County Court Judgment (CCJ) has been issued against my business?

Yes. There are various considerations to assess the merits of attempting to set aside a CCJ. Acting quickly in such circumstances is essential and a key factor, so advice should be taken as early as possible.

Is court action always necessary?

No. A wide range of factors influence whether issuing substantive legal proceedings is in the client’s best interest, from cost to the client’s individual objectives. Ultimately, there will almost always be an opportunity to resolve the matter (to some extent) without the need for formal legal action which brings with it significant time and cost savings.

How long does business debt recovery take?

The time required to resolve a debt recovery case varies significantly on whether the debtor chooses to dispute the matter. In such circumstances, litigation can be a lengthy process, taking 12-18 months. In uncontested matters, the process can be much quicker with alternative options available.

How much does it cost to instruct a dispute resolution solicitor?

Ellis Jones recognises that cost is a key factor to consider when instructing legal representatives. For the vast majority of commercial debt recovery work, we are able to offer fixed or capped fee options to provide certainty for each stage of a legal process. While the cost of instructing legal representatives is highly fact-specific, at a minimum Ellis Jones strives to put clients in a position where they have visibility of costs, allowing them to make informed decisions.