Debt Recovery

From 1 October 2023, fixed recoverable costs will be extended across the fast track and will see the introduction of a new intermediate track for simpler cases valued between £25,000 and up to £100,000.

If your business has an outstanding and overdue invoice owing by another business, you are entitled to seek payment of the invoice along with interest and debt recovery costs.

Using Norwich Pharmacal Orders to obtain information from a third party

Following two consultation papers issued in 2021 and the final guidance being published in July 2022, the Financial Conduct Authority (“FCA”) has published its guidance.

More commercial finance is now available without personal guarantees. We look at the implications for lenders and borrowers.

Solicitor, Michaela Davies, on her recent success for a creditor client who had, in the first instance, been ‘pipped at the post’.

For those that may have missed it in June 2022 the government announced its intention to reform the Consumer Credit Act 1974

Emily Davison reports on a successful “collateral agreement” argument

Many law firms will obtain charging orders for their clients and not know what to do with them.  This leaves their clients with a secured debt and no avenue for recovery.

Under the spotlight – entitlement to carry on a reserved legal activity

Are you looking for legal services for your recoveries but concerned about costs?
At Greenhalgh Kerr we make recovering costs a priority for all of our clients.

Where a party instructs their solicitor to attend a hearing on their behalf, it has always seemed obvious that the party is considered to be in attendance. Apparently not…

We were also successful in recovering the broker’s legal costs following a small claims trial.

We take a look at the recent case of Brake vs Guy & Ors which considered costs assessment when a litigant in person is involved.

We review the keys provisions of the white paper which is intended to form the basis of the Renters Reform Bill.

The FCA has published new rules for lenders operating in the regulated consumer market. Read our guidance here.

This case study shows how a thorough and persistent approach can result in success against a director determined to frustrate creditors.

Greenhalgh Kerr were successful in seeking Judgment together with legal costs and interest following a disputed Part 55 claim seeking repossession of a property together with rental arrears that had been accruing for over six months, in favour of one of its large accommodation provider clients.

Greenhalgh Kerr successfully overturned a debtor’s IVA and obtained a bankruptcy order, in order to allow trustees in bankruptcy to investigate a suspicious property transaction.

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.