For the cash flow for a business, it is vital for a business and that includes the collection of debts. Late payments and people trying to avoid paying can be very common. Business Debt Recovery is part of every business.
The first stage is to chase the debt. This could be by sending out reminders via email, post or giving them a call. If that does not work it may be appropriate to take more formal action.
Where the relationship is between a business and an individual, for example, a customer, there is a pre-action protocol that should be followed. If not, the court may not award the debt or the business’ costs for pursuing the debt due to their failure to comply.
This means that the business could be worse off than if they had not chased the debt in the first place considering the time and money spent.
We can advise you from the outset of the options open to your business. Sometimes it is not always the best course of action to litigate. In other situations, it may be the only option.
It is common that businesses try to start formal proceedings themselves without following the correct procedure. If they have failed to follow the correct procedure they then may seek legal advice to rectify the issues. Unfortunately, sometimes it is more expensive to rectify the mistake than the amount of the debt.
We would, therefore, recommend that you come to see us before taking any formal action. We will be able to ensure that the correct procedures are followed and give you the best chance to recover the debt.
Depending on the value we may also be able to recover the cost of recovering the debt.
When a claim is made to the Court for commercial debt, interest at 8% plus the current bank base rate can be added and calculated forward to the date of Judgement. This can produce a significant sum itself but the correct wording must be used as otherwise the claim may not be allowed.
If you would like to find out details of the costs involved please click here.
Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited (Company Registration Number 08838592) whose registered office is at Lovedays Solicitors, Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
The Directors of Derbyshire Legal Services Limited are C.D.Gale and R.LL.Roberts. Our Notary Public, M.C. Handforth is regulated by the Faculty Office of the Archbishop of Canterbury. The Company is otherwise authorised and regulated by the Solicitors Regulation Authority whose rules can be accessed at www.sra.org.uk