Lenders providing borrowing to their customers need to have watertight security documents in place to withstand challenges and meet all manner of risks and events. Our non-contentious Company & Commercial team can prepare a wide range of transactional documents including debentures, legal charges and personal guarantees. They can also provide a full review of your security documents whether on a routine maintenance basis or as a precursor to taking enforcement action.
Commercial Debt Recovery
We deploy various strategies to retrieve money owed to you from customers and others, and we will tailor our service to what works best for you.
We are passionate to ensure that you have more time to dedicate to other aspects of your business so that productivity can flourish. We also know the importance of balancing the impact of bad debts against the cost of recovery.
We are flexible in the approach you may want us to take, be it robust or tactful, and can deploy a range of court and out-of-court settlement strategies. Our team has a proven track record of recovery from high-risk individuals and corporate entities.
Our clients include both secured and unsecured lenders. For those with security already in place we have a specialist team devoted to guarantee proceedings, enforcement of legal charges and residential mortgage recoveries.
We know that debt recovery must work financially for you. We can therefore offer a range of funding options including an agreement whereby our fees are paid as a proportion of the amount recovered. We can also offer, in some cases, a genuine “no win no fee” promise which tells you that we’re specialists and confident of our success rate.
Creditors & Insolvency
We represent secured and unsecured creditors in both corporate and personal insolvencies. We also provide advice on inter-creditor disputes and positions.
Our work with secured creditors includes:
- Advising on the validity of their security and the terms available to them as against customers and/or a subsequently appointed liquidator or administrator
- Advising on how personal guarantees might be updated upon the failure of the company debtor
- Advising charge holders about fixed charge or Law of Property Act receivership and, where required, working alongside LPA receivers
- Advising debenture holders on the appointment of administrators and their rights and obligations within an administration
We also advise suppliers on retention of title (ROT) issues including the effectiveness of their ROT clauses and recovery of their goods from insolvent entities.
Our work with unsecured creditors includes
- Enforcement of debt including all stages up to a winding up order
- Advice in connection with a company voluntary arrangement
- taking carriage of the winding-up petition where the original petitioning creditor has been paid off
- advice and representation throughout a liquidation or administration including (where applicable) representation at creditors meetings
- seeking or challenging the appointment of an office holder whether an administrator or a liquidator
- the purchase of claims from the office holder
- lodgement of proofs of debt
- strategic advice as to how to maximise recoveries including claims under the Insolvency Act to recover assets or overturn prior transactions
- Dealing with the rejection of creditor claims by the office holder
We advise secured creditors of their rights in relation to the security they hold and of the best means of enforcing the same.
In relation to unsecured creditors, early advice is critical with a view to realising assets before they are dissipated. Our work includes
- enforcement of debt including preparation of statutory demand and pursuit of debtor to bankruptcy
- taking carriage of the bankruptcy petition where the original petitioning creditor has been paid off
- seeking or challenging the appointment of a trustee in bankruptcy
- advising on disposals effected by a debtor between presentation of the bankruptcy petition and bankruptcy order (section 284 claims)
- advice and representation throughout a bankruptcy or individual voluntary arrangement including (where applicable) representation at creditors meetings
- the purchase of claims from a trustee in bankruptcy
- lodgement of proofs of debt
- strategic advice as to how to maximise recoveries (whether through yourself or the office holder) including claims under the Insolvency Act to recover assets or overturn prior transactions
Why not outsource your debt collection?
Chasing customers, clients and companies who owe money can be time consuming, infuriating and damaging to cash flow. We work with various business models to retrieve money owed to our clients by customers.
Our debt recovery team understands the importance of balancing the impact of bad debts against the cost of recovery which is why our service is tailored to each individual client.
We will work with you to answer all your questions, keep you fully informed of progress and ensure the optimum outcome for your business. We pride ourselves in adapting to how your business operates to provide efficiency to your operations.
We are a specialist Insolvency firm who understand claims at a high technical level. This enables us to provide quick responses as our teams in both London and Norwich have between them many years of experience in this field.
We have close ties with Insolvency Practitioners if you wish to provide company support to your customers.
We are flexible in what approach you want us to take whether it be robust or tactful. We also understand that commercially this has to work for you. Our offering covers a number of charging structures including an agreement whereby our fees are paid from the amount recovered. In many cases we can also offer a genuine “no win no fee” promise which tells you that we are specialist and confident of our success rate.
The information contained within this website is for information only and should not be construed as an accurate summary of the law or legal advice on any matter.
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