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Debt Recovery

If you are owed money there are many legal avenues for you to explore to retrieve the debts.

Equally there is a legal framework to assist you if you are being pursued for money that you do not owe or you dispute the amount,

Thomas Dunton have a team of lawyers within their Business Services Department who specialise in these areas and may be of invaluable assistance.

Problems with Cash Flow?

Has another client failed to pay a bill?

Your firm is profitable, but your cash flow is suffering.

You want to spend your time earning, not chasing money due to you.

You want to enforce your rights but are not sure how.

What Thomas Dunton can do for you

We have a dedicated Commercial Debt Recovery Team who can provide a quick, efficient and, most importantly, a cost-effective answer to all your debt recovery problems.

We do all the chasing on your behalf to enable you to concentrate on more important matters. You can rest assured, knowing that you have a legal team on side willing to give you clear advice on all your debt problems.

Terms and Conditions

The Terms and Conditions under which you trade are vital to the protection of your business.

They will include your liabilities for the goods and services you provide, how and when payment has to be made and rates of interest for late payment.

Whether for employees, suppliers, customers or landlords they can define responsibilities and liabilities so that everyone is clear how the business operates.

At Thomas Dunton we have an outstanding Business Team with wide experience in all contractual matters.

To avoid future difficulties enforcing payments due, we can assist by ensuring your terms and conditions of trading are appropriate.

A Pre-Action Protocol

A Pre-Action protocol has been introduced for all civil disputes. If it is not followed, then the Court could make an order for costs against the party not complying.

Bringing a claim using the Pre-Action Protocol:

1. Write to the other party giving full details of the claim.

2. Enclose copies that support your claim (such as unpaid invoices).

3. Ask for a reply by a specific date (usually 4 weeks hence).

4. State that Court proceeding will be started if a response is not received within that time.

If they dispute the claim

1. Ask for a copy of any relevant documents which the opponent has which support his case.

2. State whether you wish to mediate and explain that the Court may impose sanctions for failure to comply with the Pre-Action Protocol.

Interest on the debt

The Late Payment of Commercial Debts (Interest) Act 1998 allows for all businesses to claim interest from each other on

debts due. If there is no contractual rate of interest, you may be entitled to the statutory interest rate of 8% above base.

This is applicable from any agreed date, or 30 days from the time that either you provided the goods or services that you were contracted for or when the purchaser received notice of the sum due.

A defendant must provide a substantial alternative to this statutory right to interest if he wishes to opt out of paying and it will be subject to the court’s view as to whether the alternative is reasonable or not. There are also other penalties which may be claimed.

If you are defending a claim and receive a Pre-Action Protocol letter

1. Acknowledge receipt within 21 days.

2. Say when you will give a response and explain why if this will be longer than the time allowed by the Claimant.

3. When you make a response you should say whether the claim is accepted as a whole, in part, or not at all and make proposals for settlement if appropriate.

If you do not accept the claim

1. Give detailed reasons why the claim is not accepted.

2. What is agreed and what is in dispute.

3. Enclose copies of documents that support your position.

4. Ask for any documents that the Claimant has that are relevant and have not been provided to you, and state whether you would be prepared to consider mediation.

5. Where documents are disclosed they should normally only be used to resolve the dispute, not for any other purpose unless the other party agrees.

Mediation

If you are involved in a dispute, have you considered mediation? It can often reduce costs, bring about a faster settlement that is acceptable to both parties, and may even allow a commercial relationship to continue.

For Mediation, contact: Vernon Hadida CEDR Accredited Civil Mediator

mediation@thomasdunton.co.uk

If the situation cannot be resolved, it is now vital for you to take the right action.

Please contact us on 01689 822554 or email business@thomasdunton.co.uk

Business Services

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What our clients say about us:

  • “We have both been impressed with Catherine’s diligent and thorough conveyancing, highlighting issues with the property that had been missed during the previous sale, so we are both very happy with our choice of solicitors!

    We’d be delighted to use Thomas Dunton again.”

  • “Catherine Westcott truly helped us beyond her duty and was always there for us, going that extra mile made all the difference”.

  • “All very satisfactory, efficient and approachable. We now look upon Thomas Dunton as our solicitors”.

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  • “Wonderful and understanding of my circumstances. Guided me through the process and presented all the options in a way that I could understand”.

  • “Thank you for all your hard work. You have been amazing. I will forever be thankful that you were my solicitor”.

  • “The service was exceptional —  friendly, welcoming and sympathetic. I do not think that I could have received a better service anywhere else“.

  • “No words to express my gratitude to your amazing work and patience”.

  • “Thank you very much for the courtesy, care and efficiency which we have received from you and everyone we have dealt with at Thomas Dunton.  We made a good choice when deciding to go with yourselves!”.

  • “Thank you so much for all your help for my family and I.  I am so very  grateful.  You’re  my little Christmas angels”

  • “What you all do for people is amazing. You should all be proud of yourselves for putting a little bit of light back in my life and I’m most certain that of others”

  • “The firm give their clients very detailed and clear advice in plain English.”

  • “Extremely friendly, did not feel that anything was too much trouble”.

  • “I received a very prompt, professional and caring service from you at a very sad and distressing time”.

     

  • Dear Lisa, Maria and Tessa,

    Thank you all for your amazing support throughout last year. It really was a hideous experience, but every time I got to the point I couldn’t breathe and I spoke to one of you, I felt instantly strong again. You really are a fabulous team.

    When Margaret left, I was really worried, but Maria you picked up the baton and ran with it brilliantly. Then when Maria you obviously had to put your own family first, Tessa picked up the baton and just kept running for me. Lisa you made me giggle and reassured me whenever I was about to cry or hide in a cupboard, often picking up the phone to check I was ok – so very kind. Crackerjack will now forever remind me of you!

    I will recommend you to any of my friends who decide they need to take this brave step. You are simply the best. I hope you all enjoy your acorns, and remind you of how much you’ve helped people like me get out of unhappy situations. As they say, from acorns mighty oaks grow.

    Many thanks to you all,

    I kind of miss you!!

  • “Vernon Hadida is by far the best solicitor I have ever dealt with.”

  • “Extremely satisfied with the service which I considered excellent value for money.”

  • “I was very happy with the service. I was always able to speak to somebody that could help me when I telephoned.”

  • “Thank you for all your work on my claim. I am extremely grateful for your assistance.”

  • “Thomas Dunton exceeded my expectations in terms of both service quality and value for money.”