Contracts & Debt Recovery

Getting agreements right, and getting paid.

Two problems that turn out to be the same problem. Businesses lose money because their paperwork does not say what they think it says, and then lose more money chasing invoices that their paperwork gave them no leverage to enforce.

We draft and review commercial agreements so the terms match how you actually trade, and we recover debts when customers do not pay.

The two work best together. Terms and conditions that include a clear payment schedule, interest provisions and a retention of title clause make recovery straightforward. Terms that were copied from a competitor’s website usually do not.

Contracts that reflect how you trade

Supply agreements, service contracts, distribution and agency arrangements, and standard terms and conditions. The value is in the detail — payment terms, limitation of liability, termination rights and what happens when things go wrong. Generic templates fail precisely at the moment you need them.

Terms and conditions

Standard terms only bind the other party if they were properly incorporated before the contract was made. Terms on the back of an invoice sent after the order are frequently worthless. Getting incorporation right is as important as the wording itself.

Recovering debts

A letter before claim that complies with the relevant pre-action protocol resolves a great many debts without proceedings. Where it does not, we issue and enforce. Statutory interest and compensation are available on commercial debts under the late payment legislation, and are often overlooked.

Statutory demands and insolvency

A statutory demand is a powerful tool and a blunt one. Used against a solvent business that genuinely disputes the debt, it can backfire and expose you to costs. Used correctly against a debtor with no real defence, it frequently produces payment within days. We will advise which situation you are in.

Incorporation matters
Terms sent after the order usually do not bind anyone.
Interest is recoverable
Commercial debts carry statutory interest and compensation.
Letters work
Most debts settle at the letter before claim stage.
Judgment isn't the end
Enforcement depends on what the debtor actually has.
How we can help

Commercial contracts

Agreements drafted around how your business actually trades.

Debt recovery

Recovering money your business is owed, without wasting money doing it.

Insolvency proceedings

Winding up, bankruptcy petitions and protecting your position as a creditor.

Statutory demands

A powerful debt recovery tool, and a risky one if it’s used wrongly.

Terms and conditions

Your standard terms — and making sure they actually bind your customers.
Common questions

Questions people ask us

Can we charge interest on late payment?

Yes. Commercial debts carry statutory interest and a fixed compensation sum under the late payment legislation, unless your contract provides a substantial contractual remedy instead. Many businesses never claim it, which is money left on the table.

The customer disputes the invoice. What now?

Then a statutory demand is the wrong tool — a genuinely disputed debt should not be pursued through insolvency procedures, and doing so can result in the demand being set aside with costs against you. Ordinary proceedings are the correct route.

Are our terms and conditions actually enforceable?

It depends on whether they were incorporated before the contract was formed, and whether the individual clauses survive the reasonableness tests that apply to exclusion and limitation clauses. It is worth having them reviewed before you need to rely on them.

Who you'll be working with

Harri Williams

Harri Williams

Legal Secretary
.
John Graham

John Graham

Director
Lauren Darbyshire-Robert

Lauren Darbyshire-Robert

Practice Manager
If you’re not sure who to speak to, speak to me first.

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