Contract Litigation

The types of contract which we have litigated are too numerous to list

They do however range from the simple debt collecting matter or dishonoured cheque through complaints about holidays, to suing manufacturers for the inadequacies of technical equipment.

Debt collection

Get the correct legal name of the Debtor. Distinguish whether the Debtor is a Sole Trader, Partnership or a Limited Company. If we sue in the wrong way, it will cost time and money to start over again

A Sole Trader is a single person albeit trading under a trading name e.g. "John Smith trading as Smith Stores".
A Partnership is where two or more people work together, possibly with a trading name e.g. "John Smith and John Brown trading as Smith's Stores".
A Limited Company is a separate legal entity distinct from its Directors and Members. It will be registered at Companies House and usually has the word "Limited" or "Plc" at the end of its name. Again it may have a trading name e.g. "Smith Enterprises Ltd trading as Smith Stores".

If there will be no dispute and the debtor is just delaying, we will need copies of your invoices only. You can pursue either of two courses of action - Bankruptcy or County Court proceedings

If the Debtor does not think he should pay, we will need all correspondence indicating the dispute and a statement from you as to the position. You will have to start County Court proceedings

Enforcement

There is no point in starting either and wasting money, unless one of the following enforcement methods is likely to bring you in the debt. After getting judgment you can request an oral examination to enable you to decide on which of the following methods of enforcement is most likely to bring in the debt.

Attachment of earnings

An Order to the Debtor¯s employer requiring him to deduct a certain amount from each pay packet and pay it over to you.

Levying execution

Sending in the bailiffs to remove goods and sell them.

Third Party Order

This formerly used to be called a "garnishee" - it has the effect of freezing the debtor's bank account.

Charging Order

This is akin to getting a mortgage on property .