Debt Litigation Solicitors

Whether you are owed money or are being pursued for a debt, the process can be stressful and time consuming. We understand this and aim to make the process simple by helping you to understand your options and supporting you to find a solution that suits you, as swiftly as possible.

We believe that it is our job as solicitors to make the law accessible to you, our client. Our commitment to excellent customer service and plain English continues into our Debt Litigation work.

Clients have rated us on ReviewSolicitors as providing Excellent value for money.

Find out more about our fees for debt litigation

Recovering a Debt

As a business, bad debts are inconvenient and time consuming. The impact of bad debts on your cashflow can be damaging to your operation. We can help you to recover a debt, initially by sending a letter before action to your debtor and then by court action if that doesn't work. We will help make the process simple and cost effective for you.

Find out more about recovering a debt

Defending yourself against a claim for a debt

It can be worrying to be pursued for a debt that you do not believe you owe, or by a business who has not acted correctly in claiming for money. We can help you defend yourself from incorrect claims for a debt.

Find out more about defending against a debt claim

No hesitation in recommending

Seeking advice and support on concluding a settlement agreement with my employer, Ian immediately responded to my online enquiry and seamlessly guided me through the agreement process to a successful conclusion.

I would have no hesitation in recommending Spencer Shaw Solicitors.

Darrin1967

Confidently Recommend

Spencer Shaw Solicitors have been great in assisting me with advice on a settlement agreement. Though the case was relatively straightforward, Ian and the team were very responsive and gave my case the appropriate attention required. I can confidently recommend them for any employment related legal advice you need.

Riy

Successfully Renegotiated my Settlement Agreement

Ian was always available, explained everything in plain English and successfully re-negotiated my settlement agreement with my employer. I would highly recommend Spencer Shaw Solicitors for anyone seeking employment advice

TerryC-175

Debt Litigation FAQs

Is a debt recovery solicitor different to a debt recovery company?

A debt recovery company is simply a company that acts on behalf of a creditor to try to recover a debt. They do not have any special legal powers. Using a debt collection company can be cheaper than legal action, but it is not always as effective.

If a debt collection agency is unable to collect a debt, the next step is legal action with a debt recovery solicitor such as Spencer Shaw Solicitors.

We undertake legal action to obtain a Court Order, which gives the creditor the legal right to enforce the debt. There are a variety of methods available for enforcement, depending on the value of the debt and the debtor’s circumstances.

Is there a time limit on debt recovery?

In most cases, creditors have 6 years from the date of the last payment or acknowledgement of the debt to take legal action. There are a few exceptions, including mortgage payments, for which the limit is 12 years.

Once a County Court Judgment has been granted it should be enforced within 6 years. To enforce a judgment more than 6 years after it has been granted, you must apply to the Court for permission to enforce.

How will a debt solicitor help my accounts team?

Using a debt solicitor takes the burden of pursuing debtors who are not answering calls from your accounts team. It can be stressful dealing with a debtor who is not responding to you. A debt solicitor will ensure that your legal claim is pursued methodically and efficiently, with a clear paper trail. A correctly written letter before action from a debt solicitor is very effective at getting quick responses from many debtors.

Can debt recovery matters lead to court?

Yes. If a debt collection company fails to recover a debt, the next step is to pursue the debt through legal action. Initially, the creditor will send a Letter Before Action (LBA), officially warning of legal action if the debt is not paid by a specified date. If this is unsuccessful, the creditor may file an acknowledgement of service. The debtor must then either admit the debt and make arrangements to pay it or defend the claim in court.

In most cases, the LBA is enough to prompt payment. The parties may also reach an agreement about payment at any point before court action.

What powers do debt recovery companies have?

Debt recovery companies do not have any special legal powers and cannot do anything more than the original creditor. People use debt recovery agencies because they have the time, expertise and persistence to pursue the debt within the law.

Debt collectors may visit the debtor’s property, but they are not enforcement officers (bailiffs) and have no legal powers. They are not allowed to take anything from the property. They may attempt to make an arrangement for payment of the debt, but they cannot force the debtor to do anything.

Do I have to use a solicitor for debt matters?

There is no legal requirement to use a solicitor. However, your debtor is more likely to respond to a request from a solicitor as it shows that you have invested in pursuing the debt and are serious about taking further legal action if necessary. There are also a number of requirements you must meet when pursuing a debt, especially if the debtor is a sole-trader or an individual. Failure to meet these requirements can affect your chances of success if the matter goes to court. Using a solicitor will ensure that you follow the law and avoid being penalised.

I’m not sure what to do first and it’s taking up a lot of my time. How can a debt solicitor help?

Debt solicitors understand the requirements of the legal claims process and will take that uncertainty away from you in an efficient and cost effective way. What may take you or your team several hours to do can take only minutes for a debt solicitor to do. Think of what you could be doing with the time saved.

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 817 0520

Email: enquiries@spencershaw.co.uk

Address: Spencer Shaw Solicitors Limited

St Mary's House, 68 Harborne Park Road,

Harborne, Birmingham, B17 0DH

Opening hours:

Monday - Friday 9:00AM - 5:00PM

Saturday, Sunday & Bank Holidays - Closed

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