How can I recover unpaid debts from a business facing insolvency?

Wilko Administration - SOCIAL.jpg.jpg

With Wilko’s administrators beginning to break up the collapsed discount retailer and dozens of stores facing closure, it is also a challenging time for suppliers and business partners seeking debt repayments for products and services provided to the business.

Director Sara Beaumont, a specialist in resolving commercial disputes at WHN Solicitors, explores the various strategies and legal options available to creditors in such a scenario.

Dealing with a debtor who may be on the brink of entering into an insolvency process can be a challenging and complex situation for creditors. When faced with such suspicions, it is essential for creditors to navigate the legal landscape carefully to maximise their chances of recovering the debt owed to them.

Collecting a debt from a debtor who may be entering into an insolvency process requires a strategic and informed approach. Creditors should begin with open communication, explore negotiation and, when necessary, consider legal action. The various stages are outlined below:

1. Maintain open communication

One of the first steps creditors should take when suspecting a debtor’s insolvency is to initiate open and transparent communication. This can involve sending written demands for payment or contacting the debtor directly to discuss the situation.

A polite and professional approach can sometimes lead to a resolution without resorting to legal action.

2. Review your contract

Before pursuing legal remedies, creditors should carefully review the terms and conditions of the contract. Understanding the contract’s terms, including any provisions related to defaults and remedies, can provide valuable insight into the rights and obligations of both parties.

3. Consider demand letters

Sending a demand letter is a common step in the debt collection process. A demand letter outlines the debt owed, any interest or charges accrued, and a deadline for payment. It serves as a formal notice to the debtor and can be a helpful first step toward resolution.

4. Negotiate a repayment plan

In cases where the debtor is facing financial difficulties, creditors may consider negotiating a repayment plan. This can be a win-win solution, as it allows the debtor to address their debt while ensuring the creditor receives some payment. However, creditors should be cautious and ensure that any agreement reached is legally enforceable.

5. Monitor for insolvency proceedings

While pursuing debt collection, creditors should remain vigilant for any signs that the debtor is entering into an insolvency process, such as liquidation, administration or a voluntary arrangement.

6. Seek legal advice

In cases involving suspected insolvency, creditors are advised to consult with a solicitor experienced in debt collection and insolvency matters, who can provide guidance on the best course of action and help navigate the complex legal procedures involved.

How to maximise the chances of debt recovery

Staying informed about the debtor’s financial situation and seeking legal advice are essential steps in maximising the chances of debt recovery in these challenging scenarios.

There has been speculation Wilko’s could be saved by a rescue deal by HMV owner Doug Putman or that some of its stores may be taken over by rivals including B&M, Poundland, Home Bargains and The Range. However, this may not resolve debt repayments for many small creditors, particularly with repayment demands sought from large organisations including Unilever and Proctor & Gamble.

It is important to remember that each situation is unique, and creditors should tailor their strategies to the specific circumstances at hand.

Sara leads WHN’s team of specialist commercial debt recovery lawyers, providing advice to businesses on all debt recovery matters including internal credit control procedures, court action and enforcement. Should you require further advice regarding debt recovery please contact Sara on 0161 761 4611 or email [email protected].

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Green light for Eden Morecambe 251219EPM BMSG Dunes

Green light for Eden Morecambe

16 Feb 2026

2

Burnley business leaders lobby government in Parliament Burnley Bondholders visit to Westminster

Burnley business leaders lobby government in Parliament

13 Feb 2026

3

Students learn about opportunities at third annual Lancashire Cyber Education Week Primary School students take part in a STEM workshop at BAE Systems.

Students learn about opportunities at third annual Lancashire Cyber Education Week

13 Feb 2026

4

Winners of Lancashire Tourism Awards 2026 announced

Winners of Lancashire Tourism Awards 2026 announced

12 Feb 2026

5

Design team appointed for £13.2m Samlesbury Innovation Hub The team looking at plans for the Samlesbury Innovation Hub

Design team appointed for £13.2m Samlesbury Innovation Hub

12 Feb 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

The Ultimate Network – February
Logo.jpg.jpg
LBV Hub Networking
19 Feb 2026 - 19 Feb 2026

The Ultimate Network – February

Brockholes Nature Reserve, Samlesbury, PR5 0AG

16:00 - 18:00

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin