Recovery of cash from a bad debtor

How DAS Law can help

Maintaining a healthy cash flow is essential for all business owners. Customers or suppliers who fail to pay you on time can have serious consequences for your business.

Our experienced team of dispute resolution lawyers will provide you with practical legal advice if you have problems recovering cash from customers or suppliers.

Some of the outcomes we can achieve for you

  • Issue a letter before action to the individual or business that owes you money.
  • Provide guidance should your matter be contested by the party that you are chasing for debt.
  • Advise you on how to maximise your recovery by applying the Late Payment of Commercial Debts (Interest) Act 1998.
  • Pursue contested debts in accordance with the Debt Recovery Protocol.
  • Provide advice and assistance on how to negotiate settlement of the debt by means of alternative dispute resolution (ADR).
  • Here are a few important things you should be aware of regarding your legal problem:

    • Having clearly defined business terms and conditions significantly increases your chances of recovering debt and avoid unnecessary disputes.
    • In approximately 80% of debt recovery cases, issuing a letter before action will be enough to recover the debt you are owed without having to go to court.

    How much will it cost?

    If you would like DAS Law to help you with recovering debt, there are a number of ways of funding your legal costs, including:

    Legal Expenses Insurance (LEI)

    If you have a commercial insurance policy this may include LEI cover. If so, your legal costs may be covered by that policy, subject to its terms and conditions. If you are unsure if your insurance policy includes LEI cover, we will check this with you.

    Commercial LEI

    No Legal Expenses Insurance

    If you do not have this cover, then we have a host of fee options which we will tailor to suit your needs. Often we will take cases on a conditional fee basis (also known as “no win no fee”).

    Where this is not suitable we offer fixed fees and discounted hourly rates. For certain cases we will also consider a damages based agreement, where we receive a limited proportion of damages if the case is successful and nothing if it is not. Our legal advisers are always happy to discuss our fee options with you in more detail.

    What to do next?

    If you would like to speak to a dispute resolution expert about your legal problem, please contact us by calling 0345 604 7298, or email enquiries@daslaw.co.uk.

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    Alastair Greer

    Principal Associate, Solicitor

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    Anna Rogers

    Senior Associate (on maternity leave), Solicitor

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    Cameron Wood

    Senior Associate, GCILEX

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    Recent surveys suggest that 80-90% of small businesses fail due to bad cash flow. Drafting robust terms of conditions and having a strategy for debt management can be the difference between success and failure

    William Ellerton, Disputes Management

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