Greenhalgh Kerr Successfully Recover Debt In Full – With Interest – For Leading Asset Finance Lender


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.

Our client’s finance agreement with the company was for the hire of a vehicle; it was guaranteed by the company’s director. When the company went into liquidation the director requested the agreement be novated into his individual name. Our client refused as the director did not meet individual credit requirements.

Dissatisfied, the unrepresented director issued Part 8 Proceedings, seeking an Order for the agreement to be novated. After our careful review of the papers we provided a detailed case plan to our client. Our succinct advice outlined our planned steps to a conclusion, and estimated costs.

As the debtor was unwilling to negotiate we were instructed to seek payment of the terminated balance on the agreement – or recovery of the asset. Typically, we strategically balanced our clients’ commercial interest with the risks, while mindful of the overriding objective of the Civil Procedure Rules. Rather than simply opposing the claim at a Hearing, our client agreed we should pursue further action against the director.

In response to the current claim we made an Application to bring a Part 20 claim, for sums due under the agreement and/ or return of the vehicle. We invited the Court to utilise its power under CPR 3.1(2)(g) to consolidate the Part 8 and Part 20 claims together. We also offered realistic Directions to bring the matter to a Final Hearing; our Application was agreed by Consent, with the Directions also agreed.

Shortly before trial the director admitted defeat. He acknowledged his claim had little prospect and requested time to pay. We agreed by Consent Order that his claim be dismissed, and the director would pay the full amount plus interest and costs within 28 days. If payment was not made, the vehicle would be returned immediately.

By invoking the Court’s case management powers to consolidate both claims, we were then able to swiftly direct the matter towards a Final Hearing. This minimised costs and focused the director’s mind on offering a resolution.

If you have a problematic debt matter in asset or leasing finance, please contact the team at Greenhalgh Kerr for a confidential chat.

for Greenhalgh Kerr; Adam Tiesteel, Solicitor.

April 2022.

Greenhalgh Kerr
Olympic House, Beecham Court,
Smithy Brook Rd,
Wigan WN3 6PR

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+44 (0)333 200 5200

We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business

We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business. We have designed our pilot projects to give lenders and creditors the comfort and confidence in our service before formally and fully switching recoveries providers. This time also allows new clients to benchmark our service levers and results against existing providers and others.

How it works


You choose 10 recoveries cases

You choose 10 recoveries cases to get us started. We’ll deliver our usual onboarding protocol where we’ll get to know you and your systems, culture, methods, preferences, and requirements.


We get started

We assess each case by setting a strategy then grading and reporting on the case in terms of prospects and timescales and cost. We make immediate contact with debtors, and pursue a recovery in our tried and tested ways.


We review

We deliver ongoing, structured, tailored reports as per your needs and carry out a full 3-month review on these 20 cases. There we’ll discuss how we have worked together, patterns we have seen in your borrowers, your systems, your documents, your pre-legal conduct, outcomes, highs and lows, legal costs (and costs borne by debtors), and possible improvements in all of these.


No strings

We carry on working in this way until all cases have been concluded. You are then free to carry on your discussions with us or to use the experience and market intelligence gained by working with us in the future.

Lenders and creditors have nothing to lose, and everything to gain, by engaging with us on a pilot project.