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Disputed Debts

Every debt is different.

Disputed debt support

When it comes to managing credit, even the most efficient systems can face disputes over unpaid debts.

As a specialised law firm in debt recovery, we offer our clients the invaluable expertise of our dispute and litigation team, which includes leading specialists in business ADR mediation. Our seamless integration with your business allows us to positively resolve a wide range of disputes, from individual small claims to complex high-value debts.

With our extensive experience, we possess a comprehensive understanding of the various types of disputes that may arise. We carefully evaluate each disputed case, considering the likelihood of success and associated risks, to deliver the most effective and least disruptive solution for your business. We take the lead in finding resolutions. 

We understand that cost-efficiency is paramount when it comes to handling disputes and recovering debts, as your financial success directly impacts ours. Therefore, we maintain transparency in our pricing and have developed innovative fee structures that align with the commercial realities and unique circumstances of each case. Our fixed fee options provide clarity on the cost of the resolution process in advance.

Types of disputes

Individual Disputes

We provide bespoke, tailored advice on one-off disputes of all sizes. We use all our know-how to settle disputes quickly and positively for all we work with.

Multiple Disputes

As your long-term partner we will provide ongoing recommendations and ideas on the types of dispute you face, as well as all aspects of debt recovery. We offer unlimited legal advice on disputed debts on a retainer basis, allowing us to develop an even greater understanding of your business. We’re here to streamline your workflows.

Alternative Dispute Resolution

Our wider team know and understand there are more efficient and effective processes than litigation. Our nationally recognised experts have experience in all forms of ADR, including mediation, arbitration, and adjudication. Our clients benefit from our vast experience of resolving disputes with the minimum disruption to their business.

Counterclaims

There are occasions where a debtor will seek to counterclaim against you for breach of contract. In these situations, the full weight of our experienced partner lead commercial litigation team is invaluable. We will construct a robust and effective defence against whatever claim your debtor brings.

Pre-Sue reports

Our highly trained and experienced tracing experts can provide a complete picture of the financial standing of your debtor in a comprehensive pre-sue report. As well as a full breakdown of assets and adverse information, a pre-sue report can include detailed information about the debtor’s financial activity and daily movements. This information is invaluable in devising the most appropriate debt recovery strategy.

If you would like any more information on any of these tracing strategies, or about debt recovery solutions more generally, contact us today.

Preventing disputes

Prevention is better, and more cost-effective, than cure. Roberts Law reviews the operations and documentation of our clients to minimise the chances of disputes occurring.

Some simple measures can avoid disputes arising due to:

Unsigned credit agreements – a signed credit agreement creates a legally binding commitment to repay; an unsigned credit agreement creates the potential for a dispute. Our clients’ commercial processes are robust and fit for purpose, ensuring all procedural steps are completed.

Unclear credit agreements – a debtor may dispute a debt if they can claim that they did not understand the credit agreement. Your documentation should clearly set out the terms of the agreement, including repayment conditions and the interest to be charged.

Pressure to sign – a debtor can dispute your claim if they were pressured into signing the credit agreement. Appropriate commercial processes should demonstrate that this was not the case.

Payment terms

 

One straightforward way to maximise your debt recovery efficiency is to ensure that your payment terms contain clauses regarding:

Recovery of debt recovery costs.

Recovery of any pre-legal action costs.

Recovery of legal costs (including the higher costs involved in complex cases).

You should also take advantage of all relevant legislative and regulatory provisions, such as the Late Payment of Commercial Debts (Interest) Act 1988, which allows interest to be claimed on commercial debts at 8% above base rate, in addition to a fixed sum of between £40-£100.

Contact Us

If you would like any more information on disputed debt solutions, or about debt recovery solutions more generally, contact Robert Barnard today.

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