Business

Debt Recovery

When it comes to bad debt, Glanvilles' key focus is its impact on your business against the cost of recovery. We are a business ourselves so our solicitors understand the competing priorities of maximising debt recovery, proportionality and client retention.

We provide advice and representation to individuals and businesses across West Sussex and Hampshire. In our view, there is no point in spending large amounts of money for little or no reward. That's why we will always use the most effective means of collection to gain the best return in the shortest possible time. These methods can include one or more of the following:

  • Letters before action
  • Issue of County Court claims
  • Enforcement of judgments
  • Issue of statutory demands
  • Bankruptcy proceedings
  • Winding-up proceedings

Regardless of the method, our debt recovery solicitors will provide consistent, accurate, and highly skilled advice based on years of experience. Issues of cash flow affect all businesses from time to time and we are aware of the importance of retaining important relationships wherever possible.

In the majority of situations, we help clients settle amicably out of court, minimising costs and disruption to their business.

To start the debt recovery process, get in touch with our commercial litigation team by giving us a call at your local branch in Chichester, FarehamHavant or Petworth or by filling in our simple online enquiry form.

Letters Before Action

We will strategically handle all pre action negotiations on your behalf and will adhere closely to the Pre Action Protocol for Debt Claims throughout the matter to ensure your case is as strong as possible if we need to start court proceedings.

Our first step will be to issue a Letter Before Action, or Letter or Claim, which sets out exactly what is owed to you and the date you expect to receive repayment. Depending on the level of engagement from your debtor, we will provide advice about settlements, your options for proceeding, and whether starting court proceedings is commercially realistic.

County Court proceedings

Our debt recovery solicitors have vast experience handling all types of County Court claim, from small claims matters to high value corporate transaction disputes. Our service includes:

  • Preparing the claim form and supporting documents
  • Entering default judgment (where the defendant fails to respond to the claim)
  • Small claims hearings (for claims under £10,000), including preparing witness statements and arranging representation
  • Case management and costs management for fast track (for claims between £10,000 and £25,000) and multi-track matters (for claims over £25,000)
  • Disclosure
  • Preparing for trial and arranging witnesses and legal representation
  • Strike out hearings (striking out a defence or defending a claim strike out application)

Throughout the process we will also continue to negotiate with the debtor with the view of achieving a settlement, such as a lump sum or a monthly repayment plan (or a combination), prior to any court hearings.

Enforcement of judgments

If you obtain a County Court money judgment (often referred to as a CCJ) but your debtor still will not pay, we can help you explore options for legally enforcing the judgment. Our service includes:

  • Orders for Questioning – bring the debtor in to court for questioning about their finances and what they can afford to pay
  • Apply for County Court bailiffs to visit the debtor’s home or business to collect the debt
  • Transfer the judgment to the High Court and apply for High Court Enforcement Officers to visit the debtor’s home or business to collect the debt
  • Charging Orders – secure the money judgment over the debtor’s property or land
  • Orders for Sale – force the sale of land or property over which you have a Charging Order to repay the debt

Statutory Demands

Statutory Demands are legal documents which can be served on a debtor where they cannot repay the money they owe.  After you serve a Statutory Demand, your debtor has 21 days to pay their debt or come to an agreement with you, otherwise you are entitled to apply for bankruptcy if the debtor is an individual or to “wind up” if the debtor is a company.

Our debt recovery solicitors can handle the drafting and service of the Statutory Demand on your behalf, ensuring meticulous attention to detail. We can also advise in relation to applications by the debtor to set aside a Statutory Demand, including arranging expert representation in court if necessary.

Bankruptcy proceedings and Winding Up proceedings

If your debtor does not repay their debt, we can provide advice on the practicalities of starting bankruptcy proceedings (if the debtor is an individual and the debt is over £5,000) or winding up proceedings (if the debtor is a company and the debt is over £750).

Bankruptcy or winding up should be a last resort for creditors, particularly for winding up petitions as the result of being declared insolvent is usually the permanent closure of the company. We can provide advice about whether it is appropriate and practical to start bankruptcy or winding up proceedings.

We can also provide robust representation if the debtor defends the petition. If the petition is successful, or where a debtor is already insolvent, we can liaise with the Official Receiver or Insolvency Practitioner on your behalf in relation to filing a “proof of debt”.

Why choose Glanvilles’ debt recovery solicitors in Chichester, Fareham, and Havant?

Whether you are a sole trader, partnership, local business, or national enterprise, we have the skills to help you resolve your debt issues efficiently without causing significant disruption to your business.

We strike a careful balance between recovery, promoting your commercial and financial interests, and maintaining your reputation and important business relationships with your clients, customers and suppliers.

Matters of debt can often be time sensitive and our solicitors will act swiftly without delay to progress your case within a reasonable time frame. We pride ourselves on our high responsiveness and you will always have a direct line with an expert member of our team in case you have any queries or concerns.

We are Lexcel Accredited by the Law Society for our exceptional client care and legal practice management.

We are independently regulated by the Solicitors Regulation Authority (SRA).

Get in touch with our debt recovery solicitors in West Sussex and Hampshire

To start the debt recovery process, get in touch with our commercial litigation team by giving us a call at your local branch in Chichester, FarehamHavant or Petworth or by filling in our simple online enquiry form.