Dispute Resolution & Debt Recovery
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Dispute Resolution | Debt Recovery
What is Dispute Resolution and Debt Recovery Law?
Dispute Resolution is a term used across both commercial and private law and the definition itself is not difficult to arrive at. In its most basic form, dispute resolution is the resolution of a dispute between two or more parties.
Debt Recovery specifically relates to the recovery of a debt owed by one party to another. Recovering your debts from individuals, existing clients or customers can be a difficult task.
Dispute Resolution
What type of work we can undertake for you
The typical kinds of disputes we handle include:
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Property repossession
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Land disputes
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Insurance claim problems
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Boundary disputes
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Claims against professionals or tradesmen
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Issues with rental property
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Debt recovery
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Problems with high-value goods, such as cars, electrical goods, furniture and caravans
The Three Basic Types of Dispute Resolution
Dispute resolution is the process of resolving a dispute or conflict between different parties. Crucially, dispute resolution can be a way of solving a conflict without having to go to court
Negotiation - Both sides seek to find common ground on a dispute. Considering the view taken by the opposing party is key. However if the parties cannot come to an agreement the negotiation process fails. This leads to other dispute resolution remedies being considered.
Mediation - Both parties involved in the dispute come together, but with an independent party present, the mediator, who attempts to help the parties come to a resolution. The mediator is impartial and it is not their role to come to a decision, but rather to help both sides agree to a resolution. Mediation is not as formal as the arbitration and litigation processes and as a result, it is usually much cheaper. If a resolution can be agreed a settlement agreement is drafted which sets out what both sides have agreed.
Arbitration - An independent arbitrator makes a decision about the dispute. The parties provide evidence and the arbitrator uses this evidence to come to a conclusion. This form of dispute resolution allows all parties to have an influence on the process. As there are no court-imposed deadlines, it can be more flexible. It is also generally cheaper than litigation. Arbitration decisions are legally binding and they are generally able to be enforced in a similar way to court judgments.
Litigation - If the more informal dispute resolution methods fail, then going to court may be the only option remaining. Litigation is usually the most expensive form of dispute resolution.
Fees and Disbursements
Fee earners specialising in this field. Please click on their name to see relevant experience.
Debt Recovery
Procedure
Pre action protocol
The pre action protocol for debt claims outlines specific procedures to be followed (when recovering debt between individuals and sole traders) before issuing proceedings are made*. If the Pre action protocol is not complied with it could have severe consequences for your claim.
* Business to business transactions vary slightly unless the debtor is a sole trader but this is something we will consider and tailor the process accordingly.
Time scale
Stage 1
We issue a letter written in accordance with the new rules of claim attaching all necessary compliance enclosures, this involves the threat of legal proceedings if the debt is not paid as requested. This stage will usually take around 1 month.
Stage 2
If no payment terms are agreed or no response received then depending on your instructions we can issue court proceedings.
If no defence is submitted we can obtain judgment from the Court stating the amount inclusive of interest and costs ( if applicable) that is due. In cases when there is no defence we would expect this stage to last around 1 month.
If a defence is submitted then we will, if you choose to pursue the debt proceed to an Enforcement Trial. This could take between 6-9 months.
Stage 3
The last stage is enforcement* which can take between 6 to 12 months.
Fees and Disbursements
*Additional work that may be required that is not included in our standard fee
Such enforcement action as may be necessary, including bankruptcy proceedings, enforcement through bailiffs and applications for charging orders on property and subsequent sale, such additional work would be carried at our hourly rates. We are happy to provide you with a free, no obligation estimate for our debt recovery services. The initial enquiry to discover what the cost will be is free of charge.
Fee earners specialising in this field. Please click on their name to see relevant experience.
Additional work that may be required that is not included in our standard fee
Such enforcement action as may be necessary, including bankruptcy proceedings, enforcement through bailiffs and applications for charging orders on property and subsequent sale, such additional work would be carried at our hourly rates. We are happy to provide you with a free, no obligation estimate for our debt recovery services. The initial enquiry to discover what the cost will be is free of charge.