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Business Debt Claims

Helping your Business Recover Debts Efficiently

Outstanding debts can seriously impact a business’s cash flow, profitability, operations and ability to grow. Whether you are a small business, limited company, partnership or sole trader, money that remains unpaid for too long can put unnecessary pressure on your business and make it harder to meet your own financial commitments. Taking action promptly can improve the prospects of recovery and prevent a relatively straightforward debt from becoming a much more difficult dispute.

At Ellis-Fermor & Negus, our experienced solicitors advise businesses on the full debt recovery process, from initial demands and pre-action correspondence through to court proceedings and enforcement. We can help you assess the strength of your position, understand the options available and take proportionate action to recover what you are owed. Where appropriate, we will seek to resolve the matter without court proceedings, helping you recover the debt while avoiding unnecessary time and expense.

Sometimes, however, a debtor will dispute the amount owed, refuse to pay or simply fail to engage. In these circumstances, we can advise on issuing a claim and pursuing the matter through the courts. We can also assist with enforcement where you have obtained judgment but payment has still not been made, helping you understand the options available for recovering the money.

Whether you are dealing with a single significant unpaid invoice, a long-standing debt or a wider problem with customers failing to pay, our team can provide the legal support you need. We aim to make the recovery process as straightforward as possible, protect your position and maximise the prospects of recovering the money your business is owed.

 

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‘The service from Dylan was 5-star; he delivered great advice and support concerning our complex legal case.’

Dylan Stanway

Solicitor

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Why choose Ellis-Fermor & Negus?

Support with disputed and undisputed debts – whether simple or complex

Alongside you from first demand to enforcement

Helping to protect your cashflow and wider business interests

Meet the team

Darren Kelly

Darren is the Head of our Dispute Resolution team and has over 20 years’ experience in Dispute Resolution. Darren qualified as a Solicitor in 1999 after reading Law and undertaking the Legal Practice Course at the University of Sheffield. He worked for a time as a legal clerk before joining Ellis-Fermor & Negus in 1998…

01773 744 744

d.kelly@ellis-fermor.co.uk

Darren Kelly is based at our Ripley Office.

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Smiling young solicitor in a formal suit and orange tie, representing Ellis-Fermor & Negus law firm.

Dylan Stanway

Dylan is a Solicitor in the Litigation department at our Ripley office. Dylan Studied LLB Law undergraduate degree at the University of Nottingham. He then completed the Legal Practice Course in the first intake at the University of Law in Nottingham. Dylan lives in Beeston and enjoys running in his free time, especially in Wollaton…

01773 744 744

Dylan.Stanway@ellis-fermor.co.uk

Dylan Stanway is based at our Ripley Office.

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Close-up portrait of a professional solicitor from Ellis-Fermor & Negus, showcasing approachable legal expertise in East Midlands.

Claire Bristol

Claire has specialised in Personal Injury and Debt Collection for over 20 years. Claire attended Sheffield University where she obtained a BA Hons in Medieval & Modern History. After working as an Insurance broker and obtaining Insurance qualifications, Claire gained employment as a trainee Legal Executive and qualified as a Legal Executive in 1994 (known…

01773 744 744

c.bristol@ellis-fermor.co.uk

Claire Bristol is based at our Ripley Office.

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Reviews, what our clients are saying…

‘We met Tim Jones at a very anxious time for us …..he was kind and caring going the extra mile to ease our concerns. Tim was very knowledgeable and professional. Tim kept us updated at all times during the process… his advice was always sensible .Tim was very approachable ..we would highly recommend Tim and will use him again we trust him …’

‘Darren, Sarah and the team were incredible – so supportive and understanding throughout the process. This was my first experience requiring a solicitor of this nature, and they took the time to explain the steps clearly and answer all my (many) questions. They always answer the phone first time, respond to emails quickly and handled the whole situation very swiftly, professionally and with care, with a positive result at the end. Thank you so much Darren, Sarah and team!’

‘Ben provided me with some excellent advice and dealt with my matter swiftly and efficiently. His friendly but professional manner and the way he described and explained the various clauses gave me the confidence that I needed to sign the documentation without hesitation. Thanks also goes to Eliza for making the necessary arrangements and keeping me informed.’

‘EF&N responded to my initial enquiry very diligently and quickly. That level of service continued through to closing out the matter. We are very satisfied with the service provided by Darren Kelly and his team. Lines of communication were clear. The EFN team were easy to contact and responded to correspondence quickly. EFN will be our ‘go to’ firm of solicitors for all legal matters in future. Many thanks.’

‘Tim jones, acted quickly and made sure to give me time of day even with my busy schedule. Tim made things super easy to understand. Will definitely use again if needed, and recommend Tim, thankyou.’

Frequently Asked Questions

A business debt claim arises when a debtor fails to pay for goods, services, or loans despite repeated requests. Common scenarios include:

  • Unpaid invoices for goods or services
  • Loans or financial agreements between companies or individuals
  • Breach of contract or commercial agreement
  • Disputed payments requiring legal clarification

Acting promptly helps avoid escalation and reduces the risk of unpaid debts becoming unrecoverable.

We act for a wide range of clients:

  • Small and medium-sized enterprises (SMEs) seeking timely debt recovery
  • Large corporations requiring structured debt enforcement
  • Sole traders and partnerships ensuring contractual rights are upheld
  • Commercial landlords recovering unpaid rent

Our approach is tailored to each client’s business, objectives, and commercial priorities.

  • Disputed debts – debtor may deny liability or question the contract
  • Company insolvency – debtor may be unable to pay due to financial difficulty
  • Cross-border disputes – international contracts can complicate enforcement
  • Time limits – statutory limitation periods for claims must be observed
  • Complex documentation – missing invoices or unclear contracts can delay recovery

By addressing these challenges early, we improve the likelihood of successful recovery.

Step 1: Assessment and Documentation

Before taking action, we:

  • Review contracts, invoices, and communications
  • Assess the validity of the debt and potential defences
  • Advise on the likelihood of successful recovery
  • Recommend the most cost-effective approach

Clear documentation is critical to enforce your rights and strengthen your case.

Step 2: Demand and Negotiation

Often, debts can be recovered without litigation. Our solicitors:

  • Draft formal letters of demand
  • Negotiate repayment plans or settlements
  • Clarify any disputes or misunderstandings between parties

This approach often recovers debts quickly and avoids court costs.

Step 3: Formal Legal Action

If negotiation fails, we can issue formal proceedings:

  • County Court Claims – straightforward claims for unpaid debts
  • High Court Claims – for larger or complex debts
  • Statutory demands – a formal warning that may lead to winding-up proceedings for companies

We provide step-by-step guidance and represent you throughout the process.

Step 4: Enforcement

Once a judgment is obtained, recovery may still require action:

  • Warrant of execution – for seizure of goods
  • Attachment of earnings – for individuals
  • Charging orders – against debtor property
  • Bank garnishment – freezing or recovering funds

Our solicitors ensure enforcement is conducted legally and effectively, maximising the chance of recovery.

While informal recovery is possible, solicitors ensure proper legal procedures are followed, increasing the likelihood of success and reducing risk.

Yes. Many debts are recovered through negotiation, letters of demand, or mediation.

Timescales vary depending on debtor cooperation, dispute complexity, and whether litigation is required. Simple cases may take weeks, complex cases several months.

We advise on options such as statutory demands, insolvency proceedings, and prioritising claims to maximise recovery.

Yes. Under the Late Payment of Commercial Debts (Interest) Act 1998, interest and certain costs may be recoverable.

Enforcement options include warrants of execution, attachment of earnings, charging orders, and garnishment of bank accounts.

Yes. We tailor our approach to suit the size, complexity, and commercial priorities of each client.

Contact Us

Unpaid debts can disrupt cash flow and threaten your business. Our solicitors provide expert advice, practical solutions, and strong representation, helping you recover what you are owed efficiently and effectively.

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

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