Defending a claim of debt 

If your business is being pursued for money it does not owe, or you feel that the other party has not followed the correct procedure, we can help you to defend yourself or your business against the claim.  
It may be tempting to ignore a claim that you feel is incorrect, but this could result in an unfavourable judgment and possibly even an increase to the debt. It is important that you respond as soon as possible, but also that you follow the correct procedure to defend against the debt. We can use our experience to make the process simple for you. 
You should only defend a claim if you have reasonable grounds of defence, otherwise you may face additional costs.  

When can I defend a claim? 

You have already paid the money being claimed 
The creditor has acted improperly or not followed correct procedure 
The time limit for recovering the debt has run out 
There is an issue with the signature on the agreement 
You agree that you do owe some money, but not the amount being claimed 

I owe the debt but I cannot pay it 

You cannot defend a debt simply because you cannot afford to pay it. If this is the case, you should negotiate with the creditor to agree a plan to pay off the debt in amounts that you can afford.  
Usually creditors will be willing to discuss an agreement as, for them, being paid back over a longer period time is a better outcome than not being paid at all. We can support you to negotiate with your creditor to reach an agreement that is manageable for you. 
Remember that your liability for debts will depend upon the structure of your business and, if you are part of a partnership, your agreement with your partners. If you are unsure about your liability for business debts, get in touch for advice.  

What will it cost to make a claim through the courts? 

Our fees for defending a claim will be charged at an hourly rate. We will give you an estimate of the likely overall cost at the beginning of your claim, keep you up to date about costs throughout your case, and advise you if there are any complications in your case that may impact the overall cost.  
Our hourly rates, excluding VAT: 
Principal solicitor 
Consultant solicitor 
Associate solicitor 
Travel time* 
*In some cases we may use a skilled investigator to take witness statements, carry out site visits or conduct other investigations. Our investigator is the only member of the team who generally incurs travel time. 

Get in touch 

Do you have a legal matter you'd like to discuss with us? Get in touch using the details below or use the form here and a member of our team will be in touch to discuss your enquiry. 
Phone: 0121 452 5130 
Address: Spencer Shaw Solicitors Limited 
Vancouver House, 111 Hagley Road, Edgbaston, Birmingham B16 8LB 
Opening hours: 
Monday - Friday 9:00AM - 5:00PM 
Saturday, Sunday & Bank Holidays - Closed 
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