Lawyers Reading

Commercial Disputes and Litigation FAQs

How should I go about recovering a debt?

Rather than running to the courts straight away, it makes logical sense to seek legal advice from a solicitor.  Your solicitor will be able to send the debtor a formal letter setting out your claim and asking for payment.  If all goes well, the debtor will either pay up or at least being willing to negotiate a repayment schedule.

If these methods prove to be fruitless, then you may have no other choice but to go to court.  If the debt is below £5,000, you could take your claim to the Small Claims Track of the County Court, which has the advantage of being cheaper, quicker and less formal when compared to the County Courts.  If the debt is larger than £5,000, but no greater than £25,000, you will have to make an application to Fast-Track.  If the debt is larger than £25,000, you will have to make an application to Multi-Track.  Reading solicitors will be more than happy to assist you with your application and the preparation of witness statements.

I have been supplied poor quality goods by my suppliers.  What are my legal rights?

Suppliers and manufacturers under the Sale of Goods Act are obliged to provide consumers and businesses alike with goods that are:

• “of satisfactory quality”
• “as described”
• “fit for purpose”

Depending on your circumstances, whether or not the contract of sale was breached and how long ago you received the goods, you may have a claim.

What can I reasonably expect from a contractor?

Contractors must carry out contracted work with:

• Reasonable care and skill that can be expected in their particular line of work
• Charge a reasonable amount of money for the work they have done

If a dispute with a contractor goes to court, you may have to use an expert witness to allow the courts to assess whether the contractor fulfilled the minimum standards that can be reasonably expected of them.

A CCJ has been given in my favour.  How can I enforce the judgement?

By using:

• The County Court bailiffs who will attend the defendant’s property and seize property if required.
• An attachment of earnings order which will oblige the defendant’s employer to pay you from the defendant’s wages.
• A third party debt order which will oblige any debtor’s of the defendant to pay you.
• A charging order.  Charging orders are attached to particular property or assets and oblige the defendant to pay you if he chooses to sell the property or assets.