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Disputed UK Business Claims
When you conduct business nationally, you hope that your business transaction will operate smoothly with no issues. However, sometimes there is a problem. For example, delivery is late, or the quality of the goods is not as expected.
What is a UK dispute?
A UK dispute occurs when you and your business partner don’t agree on the business transaction. This could be due to the quality or delivery of the product or service or could be down to the buyer’s perception of the products they thought they were receiving.
They say the customer is always right, but this isn’t always the case. So, just because your customer isn’t happy, you don’t need to agree with them. If you think you have fulfilled your contractual obligations to a satisfactory level, then you are within your rights to ask for your invoice to be paid. However, when this happens then you have a dispute with your international debtor on your hands.
Examples of disputed claims
- Your customer claims that no (complete) delivery has taken place.
- According to your customer, you delivered too late and this caused damage. For example, an online web shop is delivered too late, resulting in a loss of income for your customer.
- Your customer indicates that the wrong goods have been delivered. For example, when blue pens have been ordered and black pens have been delivered.
- According to the client, a building has not been properly constructed.
- There is damage to the delivery.
- Your customer indicates that poor quality has been delivered. For example, the car tyres delivered do not meet the applicable standards.
How should you handle a UK dispute?
Resolving a disputed claim requires a different method of working than in a regular debt collection case. Reminding your debtor to pay quickly has no effect, because there is a legal conflict that needs to be resolved first.
We always try to resolve the conflict in consultation with the other party, i.e. without the intervention of the court. Is this not possible? Then we can start legal proceedings in consultation with you. However, UK judges prefer to see you have exhausted all measures to rectify the dispute. Normally, this is in the form of Alternative Dispute Resolution (ADR), a type of mediation.
The judge will then be asked to judge the conflict. Both parties then have to provide evidence in order to reinforce their points of view, after which the judge gives a verdict. Of course, we will assist you throughout this process and we will do everything we can to ensure that you still get what you are entitled to.
“Bierens and its team of international lawyers understand the needs of companies and can adapt to any situation.”
Lea Macedoni / Alessi
National Debt Collection Solicitors
If you are thinking of litigating in the UK, you should consult with a lawyer first. A debt collection solicitor will be able to inform you of the potential costs, length and likelihood of success. This will give you the information you need to make an informed decision before taking your debtor to court.
Why should you choose a debt collection agency?
LAWYERS FROM TWENTY OF EUROPE’S LARGEST ECONOMIES
Do you have an outstanding invoice with your European business partner? Our firm employs more than 60 in-house European debt recovery lawyers and specialists, who can assist you in getting your invoice paid.
KNOWLEDGE OF LOCAL LEGISLATION AND COMMERCIAL CUSTOMS
Our international debt recovery lawyers have extensive experience with and knowledge of the legislation, regulations, commercial customs and culture in the country of your debtor. That makes it easier for us to engage with your debtor and encourage them to pay more swiftly.
HONEST ADVICE
We will always give our honest advice on the chances of success in your debt recovery matter. Putting your interests first is important to us; we endeavour to provide you with your options, as well as our advice on the best route to take. It’s easy to see how we put our core values of integrity and justice into practice.
CUSTOMISED DEBT COLLECTION
Our commercial debt recovery approach is customised to each unique case, and we provide you with tailor-made advice.
Disputed claim: No win No fee
When a claim is disputed, unfortunately we cannot handle it on the basis of No win No fee. This is because a disputed claim is a legal conflict and a legal procedure is often required to resolve the payment dispute. The Bar Association states that we are not allowed to handle legal proceedings based on No win No fee.
Of course, we understand that you do not want a long and expensive legal procedure. That is why we always give you an indication of the expected costs in advance. We can either handle your case on the basis of a previously agreed hourly rate, or we handle the entire case for a fixed price. We will not start working on your case until you have given us your written consent.
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We are experts in international debt collection
- Since 1952
- International expertise
- Specialised lawyers in international debt recovery
- Every year we collect thousands of outstanding invoices
Tips for resolving a disputed claim
Is your customer refusing to pay because they are not satisfied with your service or with the products delivered? Before you employ the services of a debt collection agency or lawyer, you can also take a number of steps yourself to solve the problem:
Listen to your customer
If your customer isn’t satisfied, listen to why that is. Don't defend yourself right away, but let your customer tell their story. By really listening, you show that you take your customer seriously. This often helps to take away a large part of your customer's dissatisfaction.
Investigate the complaint
Find out exactly what's going on. Is your customer right? What exactly happened? How could the problem be solved? Check also the agreements you have made with your customer. Check the signed contracts, the general terms and conditions and other agreements that have been made to find out whether the complaint is justified.
Rightful complaint? Solve it
Is your customer right? Then resolve the complaint as soon as possible. Make clear agreements about this with your customer, so that you can prevent dissatisfaction with your customer later on.
Unjustified complaint? Continue the debt collection process
Does it appear that your customer is wrong? That you have indeed complied with the agreements in the contract? Then you should formerly communicate this to your customer. Indicate that clear agreements have been made, that you have complied with them and that you expect the same from your customer with regard to the payment. Make it clear to your customer that you will take legal action if your customer refuses to pay the invoice.
Enlist the services of a specialist lawyer
Is it not possible to find a solution together with the other party that satisfies you as an organisation? If so, call in the services of a specialised debt collection lawyer. The sooner a lawyer can get to work, the sooner the payment dispute can be resolved. In addition, it may be possible to prevent legal proceedings if you call in a legal specialist at an early stage.
“Bierens are specialists in the field of business-to-business debt recovery. Their approach stands for quality, decisiveness, and results, which is exactly what KLM is looking for.”
Ben Blad / KLM
Specialists in resolving disputed claims
Our lawyers specialise in resolving disputed claims. We can therefore assist you throughout the entire process. Every year, we handle thousands of collection cases, both disputed and uncontested. Feel free to ask us for advice when you are dealing with a customer who is unwilling to pay.
Specialists in International Debt Collection
Our 35 international lawyers are specialists in debt collection across Europe. From the moment that you hand your case over to us, we will do our utmost to resolve the matter as soon as possible. Whether this concerns a straightforward debt recovery matter or a complicated legal conflict, we will unburden you.
More information about business disputes in the UK
Would you like more information about the bankruptcy petition as a means of collection? Our debt collection lawyers have years of experience with debt collection. We always do our utmost to ensure that you get your money back as soon as possible. Feel free to contact us for more information.
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