Disputed Debts

Early advice on the merits and recovery prospects of disputed debts is essential. Often, although not  always, a debt is disputed by a Debtor purely to mask its inability to pay. In seeking to dispute a debt, often a Debtor will seek to buy time to enable them to get over what they see is a temporary financial problem. Very often the race is then on to recover as much by firm negotiation as is possible, before the Debtor goes into formal insolvency. We have the experience to spot all the relevant signs to maximise possible recovery, to a Client’s earliest advantage in these circumstances. Genuinely disputed debts are an entirely different matter, but again we offer pro-active dispute resolution in the best interests of our Clients, if possible to avoid lengthy and potentially expensive Legal Proceedings through the Court.

Summary Judgement

This is an application that can be made to the Court in suitable cases, to weed out defences that have no merit. Again, we have the legal experience to spot all the relevant signs, to make strong representations to the Court in order to prevent disputed cases otherwise having to proceed on to Trial, at considerable expense of management time and money. For that reason, full trials of issues in Court are relatively rare.

Negotiation

In many cases negotiation of disputed cases is possible in a Client’s best commercial interest, including proceeding to mediate disputed cases or resolution via other means.

Exercising Commercial Judgement

This is important to us, in the best interests of our Clients to prevent the recovery of a debt, disputed or undisputed, being pursued beyond what is economically sensible or viable. If we consider a debt is beyond economic or viable recovery, we will advise you, with specific reasons why we consider that to be the case.