A Commercial Debt Recovery Solicitor is an experienced legal professional who specialises in helping, advising and taking action to recover money for businesses.
If your business is being affected by clients or customers not paying what they owe you, then talk to our specialist Commercial Debt Recovery Lawyers.
We’ve built a reputation for fast, efficient business debt recovery for clients locally in Shropshire, Herefordshire, Mid Wales, North Wales and throughout the UK.
For expert legal advice in relation to any form of business debt recovery call us now for an initial consultation or leave your details using the enquiry form on the page and we'll call you back.
We provide clear, practical advice for your business, whether your issues are with cash flow, payments to staff or creditors, or the impact on your reputation that can result from these problems.
Our pragmatic approach ensures brand and reputation protection.
To talk to one of our experienced Debt Recovery Solicitors, please either call the number at the top of this page or leave your details in the enquiry form and we’ll call you back.
If you run a business, making sure your customers pay their bills on time is essential to your livelihood. So, when people fail to pay their debts, it’s important to get advice from experienced Business Debt Recovery Solicitors.
The DebtSolve team here at Lanyon Bowdler are used to dealing with those customers who are difficult to get hold of, or seem to be on a permanent holiday, saving you time and allowing you to get on with running your business instead of chasing bad debts.
The team is made up of experienced Business Debt Recovery Lawyers who have the resources and skills required to ensure court proceedings are successful. We use the latest computer systems from one of the leaders in the field to provide a cost-effective and efficient court preparation service for our clients.
If your debtor files a defence, our specialist dispute resolution department will step in and your case will be handled by a lawyer experienced in dealing with disputed debts.
The approach most likely to yield results will depend on the specific circumstances of your case. We’ll draw on years of experience to determine a personalised strategy that takes into account the entire context.
You’ll be relieved to know that often the only step required is for us to contact your debtor on your behalf and request payment of the debt.
In many cases, the involvement of a law firm is enough of an escalation to make the debtor realise the significance of the situation and ensure full payment.
We will also be able to advise you on your rights to interest and compensation under your contract with your debtor or Late Payment Legislation, which you may be able to claim in addition to your original debt.
There are a series of steps we can take to recover the money you are owed. Each step is designed to achieve the desired results whilst minimising costs and conflict. Please see below for a brief overview.
If the debt to your business is not paid after our initial contact, we can begin formal legal action by issuing a Letter of Claim. This will explain to the debtor that court proceedings will follow if the debt, interest and compensation (where applicable) are not paid by a specified deadline.
Often, the debt will be recovered successfully at this stage or at very least contact is received and we are able to successfully agree a repayment plan with your debtor should that prove necessary.
If the debt is not paid in the specified time however, we can commence court proceedings.
Once we have made your claim to the courts, the debtor will have 14 days to either admit the claim and put forward an offer of repayment, lodge a defence or file an acknowledgement of service which will allow them a further 14 days to respond. Should they fail to do so, we will request judgment.
If your debt is still not repaid at this point, we will recommend the appropriate action to enforce the judgment.
Some possible strategies include:
Your debtor’s employer is required to make deductions from your debtor’s salary to pay off your debt.
Your debt is secured against a property owned by your debtor (usually their home). This provides you with additional security should the debt not be paid in full.
Your debtor will have 21 days from receipt of the statutory demand to either pay the money they owe you or reach an agreement to pay it. If they fail to do so, the next step would be to issue a winding up order or bankruptcy proceedings.
This is a County Court order to a County Court bailiff to take control of, and sell, as much of the debtor’s property as is required to settle your debt.
A Writ of Control commands a High Court enforcement officer to take control of, and sell, enough of a debtor's property to obtain the funds required to settle the debt.
There will be additional costs for searches, registrations, court hearings and third-party process servers. These will all be discussed with you transparently at the appropriate time.
There may be other options to explore too, such as third-party debtor orders, arbitration or an action under insolvency legislation and we will be with you at every stage to advise on what is most appropriate for your situation.
We are keen to ensure that legal costs do not prohibit you from seeking advice and support.
In some cases, we charge a percentage of money recovered so if we are unsuccessful you don’t have to pay anything unless court proceedings are issued. We can also offer a small fixed fee in certain cases.
If court proceedings need to be issued, we charge fixed fees so you know at the outset how much it will cost - and most of these fees can be passed on to the debtor.
We pride ourselves on being a friendly and approachable law firm and provide a flexible and bespoke solution for every client. The DebtSolve team judges every case on its merits and prepares a method of recovering the debt which is appropriate for you.
From October 2017 a new pre-action protocol was introduced which applies to businesses claiming debts from any individual, sole trader or business, apart from limited companies or PLCs.
The purpose of this is to encourage parties to communicate and exchange information about a debt at an earlier stage in the hope court proceedings can be avoided, and also to encourage everyone involved to act in a reasonable and proportionate manner.
The big change was that debtors have 30 days rather than the previous 14 days to respond to a letter of claim.
Whilst this could see delays in settling claims, there are some potential advantages. For instance, agreeing a repayment plan at an earlier stage will save on legal costs and court fees, plus debtors may now involve a solicitor earlier in the process which will actually lead to a speedier resolution overall.
To keep abreast of the latest debt recovery and credit control legislation, why not come along to the Credit Controllers Network Club? The events are aimed at managing directors, financial directors and financial teams, and include a buffet lunch.
For more information, sign up here.
Lanyon Bowdler's Debt Recovery Team is recognised in the 2023 edition of The Legal 500, which states, 'The debt recovery team at Lanyon Bowdler is known for the work it does within the agricultural sector. The team is headed by Andrew Pegg, who frequently acts in shareholder and partnership disputes, with a special interest in construction and engineering disputes.'
A previous published testimonials: ‘Always helpful and knowledgeable. Have always given us good advice on the cases we have asked them to handle‘
Lanyon Bowdler have established offices with expert teams of Commercial Debt Recovery Solicitors in Bromyard, Hereford, Ludlow, Oswestry, Shropshire, Telford, and Conwy in North Wales.
We have one of the most well recognised teams of business lawyers in Shropshire, Herefordshire, Mid and North Wales, Birmingham and the Midlands. We offer a wide range of pricing options including fixed fees and service level guarantees.
As a leading national law firm, we regularly act for clients all over the UK on business debt recovery issues. We can represent you wherever you live in England, Wales or Northern Ireland.
For more information about how we can advise you on all areas of commercial law, speak to our experts today.
Please contact us by phone or use the online enquiry form and a member of the team will get back to you.