Commercial Debt Recovery Solicitors

WHAT WE CAN HELP YOU WITH

Unpaid invoices affect cash flow and take up management time. Left unaddressed, commercial debts can become harder to recover and more costly to pursue.

Our commercial debt recovery team helps businesses and organisations recover money owed to them. We will explain your options, advise on the most practical route and handle the process from first demand through to enforcement of a judgment where needed.

LETTERS BEFORE ACTION

A Letter Before Action is a formal demand for payment sent before court proceedings are issued. It sets out the debt, the basis for payment, a deadline and the consequences of non-payment.

For many straightforward debts, a formal letter from solicitors is enough to prompt payment without proceedings becoming necessary. If payment is still not received, we can advise on the appropriate next step.

COMMERCIAL LATE PAYMENT

Depending on the circumstances, businesses may be entitled to claim contractual interest or statutory interest on overdue commercial debts. The Late Payment of Commercial Debts legislation can also give qualifying businesses rights to interest and fixed compensation.

We can advise on what additional sums may be recoverable alongside the original debt.

COURT PROCEEDINGS

Where payment cannot be agreed, it may become appropriate to issue a claim through the County Court.

Our team can advise on the likely costs, timescales and commercial considerations before you commit to proceedings. If the claim is successful, the court may enter judgment requiring the debtor to pay the outstanding sum together with any recoverable interest and costs.

Obtaining judgment is not always the end of the process.

ENFORCEMENT

Where a debtor fails to satisfy a judgment, there are a number of enforcement options that may be available. These include charging orders, orders for sale, third-party debt orders, attachment of earnings and High Court enforcement. The right option will depend on the debtor’s circumstances.

Our Head of Commercial Debt Recovery, Madeline Broddley, has particular experience in the recovery of debts secured by charging orders and complex enforcement matters.

DISPUTED DEBTS

A debtor disputing an invoice does not necessarily prevent recovery. Disputes can arise over whether goods or services were properly supplied, the amount invoiced, contractual terms or who is legally responsible for payment.

Where a debt is disputed, we can assess the relevant contracts, invoices and correspondence, advise on the strength of your position and determine the most proportionate way forward. That may involve further correspondence, negotiation, mediation or court proceedings.

STATUTORY DEMANDS AND INSOLVENCY PROCEDURES

In appropriate cases involving an undisputed debt, insolvency procedures may need to be considered. These are not simply alternative debt collection mechanisms and careful thought is needed before they are used.

We can advise on whether a statutory demand or insolvency procedure is legally available and commercially appropriate, or whether conventional debt recovery proceedings offer a better route.

ONE UNPAID INVOICE OR HUNDREDS

Not every client needs the same service. Whether you have one significant unpaid invoice or an ongoing portfolio of accounts, we can help.

Pepperells has experience acting for local authorities, utility suppliers, builders’ merchants and finance companies. For organisations that regularly deal with unpaid accounts, we can discuss an ongoing arrangement to work alongside your finance or credit control function.

WHAT WE DEAL WITH

Our commercial debt recovery team advise on:

● Unpaid business invoices

● Contractual debts

● Letters Before Action

● Commercial late-payment interest and compensation

● County Court debt recovery proceedings

● Disputed debts

● Debts supported by personal guarantees

● County Court Judgments (CCJs)

● Enforcement of judgments

● Charging orders and orders for sale

● Statutory demands and insolvency procedures where appropriate

● Fixed penalties arising from Housing Act and other legislative breaches

● Multiple and volume debt recovery

● Ongoing debt recovery arrangements for businesses and organisations

Owed money by another business?

We will explain your options, advise on the most practical route and handle the process properly.