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Debt/Insolvency

Debt Recovery

Has another client or customer failed to pay a bill?
Are you owed money by a colleague or friend ?
Are you being chased for money you do not owe or you dispute the amount ?

You want to spend your time earning, not chasing money due to you. You want to enforce your rights but are not sure how. You don’t want to spend money with a solicitor recovering what is owed.

What to do if you are owed money

A new 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.

If you wish to bring a claim using the Pre-Action Protocol you should:

  • Write to the other party giving full details of the claim;
  • Enclose copies of the documents that support your claim (such as an unpaid invoice);
  • Ask for a reply by a specific date (usually 4 weeks hence);
  • State that court proceedings will be started if a response is not received within that time.

If they dispute the claim:

  • Ask for copies of any relevant documents which the opponent has which support his case.
  • State whether you wish to mediate, and explain that the court may impose sanctions for failure to comply with the Pre-Action Protocol.
You may be entitled to Interest on the outstanding 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.

Terms and Conditions

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

If the situation cannot be resolved, it is now vital for you to take the right action. Thomas Dunton’s Commercial Debt Recovery team are here to ensure that you do.

What to do if you are defending a claim and receive a Pre-Action Protocol letter
  • Acknowledge receipt within 21 days.
  • Say when you will give a full response and explain why if this will be longer than the time allowed by the Claimant.
  • When you make a full 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:

  • Give detailed reasons why the claim is not accepted, what is agreed and what is in dispute;
  • Enclose copies of the documents that support your position;
  • Ask for any documents that Claimant has that are relevant and have not been provided to you, and state whether you would be prepared to consider mediation;
  • Where documents are disclosed they should normally only be used to resolve the dispute, not for any other purpose unless the other party agrees.

Insolvency

Please contact out specialist Debt and Insolvency Team to discuss your specific details.

Please call us on 01689 822554 or email enquiry@thomasdunton.co.uk

Dispute Resolution

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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”.

  • “Extremely satisfied with the service that you have provided. We will be recommending Thomas Dunton to our family and friends”. 

  • “Great patience and great deal of thought to ensure our Will achieved our complicated requirements. Thank you”.

  • “I found the staff I dealt with professional, practical and patient…helping to clarify matters and enabling me to take better informed decisions”.

  • “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.”