Agents or solicitors – which is the best option for you?

Is your business owed money for unpaid invoices?

If YES, what are your options?

1.       Debt recovery solicitors or

2.       Debt collection agents

 

What is the best option for you – using an agent or a solicitor?

  • We know that some people have the idea that using a solicitor sounds expensive.  So, Napthens Debt Recovery has developed a pricing structure that ensures costs are kept to a minimum
  • Solicitors can instigate court proceedings against a debtor.  Collection agents can only request the debt is repaid – these requests are sometimes ignored.
  • A formal notice of court proceedings from Napthens is far more persuasive than a request for payment from collection agents
  • As solicitors we can resolve disputes quickly and assess the legal position straight away
  • Agents may not deal with a case if there is a dispute – even if the dispute is false
  • Should a case become disputed or particularly complex, you would have access to a wealth of experience from Napthens’ litigation lawyers
  • Solicitors are regulated by the Solicitors Regulation Authority which means we have a higher duty of care to you as our client. Agents are regulated by the Financial Conduct Authority which protects the consumer.
  • Unlike collection agents, Napthens can give advice on terms of business to ensure you are maximizing your recovery. Using the right terms of business and including clauses can help you recover some, or all of your debt recovery costs, will limit your exposure to debt collection costs and protect your business from bad debt.

For 2015/16 Napthens Debt Recovery team recovered 91% of our clients’ debts.

If your business is owed money and you want to know more about Napthens Debt Recovery services, please get in touch for an informal chat about your requirements.

  • Articles & News
  • FAQs
  • Legal Glossary

I had a debt which I pursued through the small claims court. I obtained a judgement, but my debtor has still not made a payment. Is there anything I can do?
You have many options to enforce your debt. The exact option you take will depend upon the debtor’s circumstances and available assets. For example, if they are in full time employment, you could ask the court for an order to deduct a sum of money from their earnings. Equally, if they own a property, you may be able to obtain a charging order against their house.

I own a small business. Recently, one of my biggest customers has hit a rough patch and is refusing to make payment. What can I do?
Firstly, try and keep a good relationship with your customer. See if you can settle the matter amicably in order to maintain the business relationship. Should that fail, the first step would be to issue a 'Letter Before Action' advising them that in lieu of payment, the matter will be taken to court. Their response would then dictate how the matter is taken forward, and if further action was needed, there are various options available for pursuing the debt.

I was the director of a small business and agreed to be the guarantor of a loan. The company has since gone under and the bank is demanding that I repay the loan. I am worried that I might lose my home. What can I do?
The first step is to fully review the guarantee, as a matter of urgency. Depending on your liability (and your ability to pay) try contacting the lender to arrange a payment plan. If you are fully liable, and are unable to make an offer which the bank will agree to, then it may be appropriate to speak to an insolvency specialist to discuss the various options available to you.

  • Louise Hamlet
    Debt Recovery
  • Michelle Geraghty
    Debt Recovery
  • Sharon Walker
    Debt Recovery
Rely on your team...