Commercial Dispute Resolution

Services Overview

Business life is becoming more pressurised and complex. Companies are increasingly exposed to disputes and disagreements whether large or small. With an impressive line-up of experienced litigators you can rely on Nockolds LLP to analyse the evidence, the law and the options available.

Under the leadership of James Brunton the Dispute Resolution Team has been recognised in both Legal 500 and Chambers 2011 for its expertise in commercial litigation matters. Chambers 2011 identified James as a “Leader in his field” winning acclaim in 2010 as "a sound operator and clear communicator."

The Dispute Resolution team can assist in the following areas:

• Contract and Other Disputes
• Professional Negligence
• Negligence Claims
• Consumer Law
• Company and Shareholder Disputes
• E Commerce
• Court Proceedings
• Mediations
• Debt Collection
• Enforcement of Judgements
• Bankruptcy and Winding Up Petitions
• Agency and Distribution Disputes
• Construction Disputes
• Landlord and Tenant Actions
• Possession Proceedings
• Competition Law
• Intellectual Property
• Passing Off Actions
• Commercial Injunctions
• Company Director Advice
• Breach of Trust Actions
• Debt recovery services

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Top of Page ↑Debt Recovery

Business Review and Practical Advice

Do you know who your clients and customers are?

Can you determine if your customer has the ability to pay?

Have your terms of business been properly incorporated into your contract with your customers?

'The early bird catches the worm' - Are your credit control processes in tune with your terms and conditions?

We can help!

Letters Before Action

When debtors fail to respond to your requests for payment, then a letter from a solicitor may well do the trick without the need for any further action. We will send a personalised customer, nothing cheap and mass produced that is often ignored. All we need is a copy of your customer's statement and we can do the rest! The cost of this service is based on the number of instructions we receive, so the more instructions you send us, the less it will cost you!

Resolution and Negotiation

The majority of debtors will pay on a well-targeted solicitor's letter. Other debtors require a more personal approach to ensure settlement. With a complete understanding of our client's business we can, if required, effectively mediate with your customer, understand the debtor's issues and negotiate settlement on your behalf. Work done is charged at a pre-agreed hourly rate, depending on the time spent on the matter.

Issue of Proceedings

Firstly, make sure your customer is correctly identified. If legal action becomes necessary then proceedings must be issued to the correct individual(s) or company. If you are not sure, you can instruct us to check. Secondly, the ideal is to sue people that have money and assets. The cost of obtaining a County Court Judgment will be a wasted cost if the debtor cannot pay. Each stage of Debt Recovery is taken with a view to the likely success of the outcome.

We initially charge you a fixed rate of £50.00 plus VAT for all steps from issuing the claim to instructing the Bailiff to seize the debtor's goods for sale on undisputed claims*. Court fees will be invoiced to you as soon as they are to be incurred. By selecting debtor matters on which to issue proceedings, the chance of it not costing you anything at all is much improved, as we can recover the court fee and solicitor's costs from the debtor. You just pay the VAT!

* In the event a claim is successful, all monies received will be accounted to you in full. Claims that included additional solicitor's costs paid by the Defendant Debtor will be charged to you on your receipt of the full settlement of the claim.

Judgment Enforcement

Enforcement - we can advise on what the best method is for each individual case.

In the case of Company Judgments, enforcement by seizure of goods and assets may not be the best choice to ensure your Judgment gets paid. The thing about seizure is you have to visualise what the goods might be worth when sold in auction. Will the sale recover the Bailiff / Sheriff’s fees and recover your money? There are other steps that can be taken, for instance, Charging Orders, Third Party Debt Orders and Orders that the Debtor Attends Court for Questioning. With individuals you can also obtain an Attachment of Earnings Order. These will all be fully explained, together with the costs involved.

If a case is not economical to pursue then we will advise you. There is no point in throwing good money after bad.

Statutory Demands, Bankruptcy Petitions and Winding up Proceedings

Is the debt over £750.00 or is your debtor a serial Judgment Defendant?

We can issue Statutory Demands based on your invoices or on the Judgment obtained against the debtor. If the demand is ignored we will explain the steps of Insolvency Proceedings and act on your behalf.

Tracing

Our agents use the most advanced databases for both electronic and telephone tracing to find absconders. Don't let them get away! The cost for this disbursement is £37.00 plus VAT, on a no success - no fee basis.

Progress Reporting

Up to date reporting on all of your debtors' matters is available on request. You can keep track of progress and keep us informed of direct payment and developments.

A modern approach with the professionalism you would expect

Nockolds LLP has the benefit and experience of being a long established firm combined with expertise from the fields of both consumer and commercial credit management. We therefore know what you expect from us and we know we can deliver.

• Prompt and cost effective action
• Experience in your industry type
• Good quality litigation
• Meaningful reporting and close client contact
• Best possible service to each and every one of our clients with a personal approach

Recent additions to the service portfolio within Nockolds LLP Debt Recovery Team, as a direct result of listening to our clients’ requirements, have created all-encompassing Debt Recovery Solutions. From advice to our clients on how to get the most out of their own credit control systems, to full litigation services and representation at court. From ensuring your terms and conditions with your clients are robust and are correctly incorporated into your business relationships, to advice on personal guarantees to enable you to take commercially viable risks.

Effective collections start with you.