Debt Recovery

In this case report from our Trainee Solicitor Emily Davison, negotiation followed the presentation of a winding-up petition against a company that was registered outside of the jurisdiction.

For our asset finance client, Greenhalgh Kerr successfully defended a Part 8 claim and Issued a claim for damages in response. We were able to agree a resolution before the Contested Hearing – with an agreement for the debtor to pay the full balance on the finance agreement, plus interest and costs.

Covid related restrictions on the use of insolvency against companies are being updated on 1st October 2021. The new regime will provide that the following conditions have to be met for a creditor to present a winding up petition: 1. The debt which the petition relates to must be a liquidated sum and cannot be excluded. …

Insolvency Restrictions Updated Read More »

Benjamin Franklin once stated that in this world nothing can be said to be certain, except death and taxes. It is therefore reasonable to assume that companies will have to deal with recovering a debt from the estate of a deceased customer or client.

The correct execution of documents can be pivotal to the success or failure of litigation. Indeed, arguments as to the validity of documentation are commonplace, particularly when there appears to be a question mark over execution.

This is a well trodden path but one that nonetheless is not particularly straightforward and continues to pose problems for many clients.

Read the top tips from Greenhalgh Kerr on resolving disputes satisfactorily.

We handle the full range of complaints, disputes and defended actions on behalf of our clients specifically involving (alleged) issues regarding satisfactory quality and fitness for purpose.

Disputes are a fact of life when dealing with finance collections. They can be time consuming, expensive and sometimes have unsatisfactory outcomes.

Whilst HPI is never 100% accurate, it is an essential tool that must be used effectively to ensure that clients are as well protected as possible.

The words ”Without Prejudice” are often stamped at the top of correspondence in proceedings and negotiations. But when is it appropriate to do so?

The number of repossession claims has dropped drastically over recent years. According to Government statistics, at its peak in 1991 as many as 75,500 properties were repossessed and 0.77% of all recorded mortgages in arrears.

The right of recovery of costs of a litigant in person is provided for by statute pursuant to The Litigants in Person (Costs and Expenses) Act 1975 (as amended). The costs allowed are the costs, expenses and losses in respect of any work done in the proceedings to which the order relates.

In order to comply with the terms of an EU directive aimed at achieving consistency across the EU in combating the late payment of commercial transactions, the Late Payment of Commercial Debts Regulations 2013 (“the Regulations”) were brought into force by the Government on 13 March 2013.

Monopoly players know that if you are lucky you can be dealt a “Get out of Jail Free Card”. Increasing numbers of consumers are becoming aware that, by paying with a credit card, they may avoid many of the problems that can arise with retailers.

A frustrating element of the standard procedure is that only fixed costs are recoverable under the Civil Procedure Rules. The rules state that the claimant is only able to recover a fixed fee of £110.00 towards it solicitor’s costs (CPR Part 45.6). It has long been argued that this sum is simply not sufficient to account for the work involved in making a charging order application, particularly bearing in mind the requirements of service on unsecured creditors, of which there can be many.

Q. We are a finance house who entered into a commercial hire agreement with a new company who needed to acquire plant and equipment. It was a condition of the agreement that both directors gave their personal guarantees. Now the company has collapsed and one of the directors has already gone bankrupt. The other one is saying that he never saw the form and it is not his signature. We thought we had security but now we are contemplating a huge write-off. Could we have done anything more to protect ourselves?

Q. I have recently chased a number of debtors by bringing county court claims against them. In a couple of these claims the cases have been stopped because the court agree with the defendant that I have sued the wrong person. I have even had to pay court costs to people who owe me money for unpaid invoices. How can this be?