Debt Recovery

I can assist with commercial debt recovery and the resolution of issues which may be delaying payment.  I can provide advice as to your legal entitlement to payment (and interest), and the most effective means of recovering the sums due.

Litigation is always a potential option and is increasingly accessible.  However, prior to considering litigation I would generally advise clients to follow these steps:

  1. Is the money due? Check the contract and, where relevant, the provisions of the Construction Act.
  2. Resolve any disputes.  Keeping a paper trail throughout the work will greatly assist in ironing out any issues when payment falls due.  Whether or not you consider the disputes to be valid, they should be explored and attempts made to resolve them, as any disputes will delay the ease and speed of recovering sums due.
  3. Threaten interest charges if sums are not paid by a given deadline. The relevant contract may contain interest provisions; if not, or if these provisions are insubstantial, it may be possible to claim interest under the Late Payment of Debts (Commercial Interest) Act 1998.
  4. Follow any relevant Pre-action protocol, e.g. for construction: http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced

 

Call: 07918 631548 or email: info@nelljones.co.uk

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