Issuing Legal Proceedings
Issuing legal proceedings should only ever be considered as the last resort in a commercial debt recovery case. Advocate’s pre-litigation recovery processes are successful in 93% of the cases we accept, and the investigations and information gathered during pre-litigation will lead to a recommendation to write off the debt in around half of the remaining cases. There is no point in issuing legal proceedings in cases where we have evidence that demonstrates beyond doubt that the debtor is insolvent.
In cases where the debtor business does have the financial ability to pay or assets that could be realised to fund the outstanding debt, litigation is a valid and ethical means of recovering a commercial debt. Formal legal action can be taken by way of a County Court Claim or a Statutory Demand for payment under the Insolvency Act. Advocate’s litigation team will fully explain the process, the costs involved and request your approval to progress with the most appropriate course of legal action.
Find out more about the processes of the legal options available: