We understand the stress that bad debt places on a business, and our experienced team work hard to ensure that recovering that debt does not add to that pressure. We offer a range of commercial debt recovery services and advice to enable you to secure outstanding debt in a way that suits your business needs and, where necessary, ensures that the business relationship is maintained.
How can we help?
We offer a seamless, low-cost process that we carefully manage right from first discussions with your debtor through negotiation and, only if necessary, litigation. Throughout this process, we bring transparency both in terms of cost and strategy. In addition, we individually tailor our approach based on the industry you operate in, your company’s needs, and the size and type of debt that needs to be recovered.
No win No Fee Commercial Debt Recovery
When you are seeking to recover bad debt, the last thing you want is for the debt recovery process to put further strain on your finances. Therefore, we offer clients a ‘no win, no fee’ arrangement for some debt recovery work, and if we can’t do that, we will provide you with an upfront fixed fee quotation so that you can assess the risk before proceeding to recovery. But, again, this will be explored and explained to you when you first instruct us.
Commercial Actions for Debt Recovery
Commercial actions for debt recovery are available in the Scottish Sheriff Court (commercial claims under £100,000); and Court of Session (commercial claims over £100,000).
The definition of a “commercial action” is very broad and therefore includes a wide range of cases. In general terms, commercial actions include any transaction or dispute of a commercial or business nature. Commercial actions may include but are not limited to contracts for the sale or supply of goods and/or services, commercial leases and building contracts.
The commercial procedure is elective, not obligatory. It is still possible to utilise the Ordinary Procedure to recover a debt over £5,000 and less than £100,000. However, the advantage of the commercial procedure over ordinary cause procedure in the Sheriff Court is the speed and efficiency with which commercial actions are handled. Generally, the use of the commercial procedure can result in cases settling earlier or being resolved much more quickly due to the proactive approach taken by the Courts in cases of this type. The fact that cases resolve quicker means that you will be able to recover the sums which are due to you quicker than you might if you were to utilise another court procedure. This can be attractive due to the financial pressure that debt(s) can put on a business.
In commercial procedure actions, Sheriff’s take a much more proactive role in the handling of and progress of the case. Hearings often take place by way of telephone conference calls, avoiding the need for solicitors to attend in person. The Court has a wider discretion to make orders to focus the issues in dispute and encourage resolution of the matter efficiently.
A Commercial action can be an attractive option due to the speed and efficiency with which actions of this nature are handled. This in turn can make the process more cost-effective.
The commercial action procedure is only available in Sheriff Courts where the Sheriff Principal for that Sheriffdom has directed that the procedure should be available.
Services
At iResolve-Legal we offer a full range of commercial debt recovery services from direct negotiation with your debtor, to raising a claim and enforcing recovery of the money owed. Our pre-litigation offering covers discussions and negotiations direct with your client, or a formal letter before action requesting payment within a specific timeframe. If that does not result in payment of the debt, then our experienced team can raise a debt recovery action to pursue payment of the monies owed to you. Once we have obtained a court order for payment, we can guide you through your enforcement options to make sure your debtor fulfils the payment order. As a last resort, we can also advise you on your prospects of success using bankruptcy proceedings.
Who would use these services?
Companies across all sectors use our debt recovery services for a range of commercial debts.
Contact Us to Start Your Commercial Debt Recovery Claim
To contact one of our experienced debt recovery lawyers, phone 0141 442 0401 or use our online contact form.
