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

Preston College's £1.4m digital transformation is complete Preston College transformation

Preston College's £1.4m digital transformation is complete

20 Sep 2024

2

Fox Brothers Holdings Group acquired by Stellex Capital Management Paul Fox

Fox Brothers Holdings Group acquired by Stellex Capital Management

20 Sep 2024

3

Lancaster University is ranked as best in the North West in Times Good University Guide Lancaster University

Lancaster University is ranked as best in the North West in Times Good University Guide

20 Sep 2024

4

BREAKING NEWS: Major breakthrough on Lancashire devo deal Lynn Williams, Phil Riley and Philippa Williamson

BREAKING NEWS: Major breakthrough on Lancashire devo deal

19 Sep 2024

5

Mohsin Issa to step back from Asda role to focus on EG Group mohsin-issa-348x500.jpg

Mohsin Issa to step back from Asda role to focus on EG Group

19 Sep 2024

Bec Email Signature 980x120
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
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

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

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 1
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
30 Jul 2024 - 08 Oct 2024

Skills Bootcamp in Procurement - Cohort 1

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
16 Sep 2024 - 11 Dec 2024

Help to Grow Management Course

UCLan Burnley Campus , Burnley , BB10 3EF.

09:30 - 14:00

Beat Bailey Karting Challenge
Kart Racing Corporate Challenge Poster.png.png
LBV Hub Fundraisers
20 Sep 2024

Beat Bailey Karting Challenge

Prestige Indoor Karting, Colne, BB8 8EG

13:00 - 17:30

Cumbria Business Expo 2024
CBE 23 IMAGE.jpg.jpg
LBV Hub Exhibitions
20 Sep 2024

Cumbria Business Expo 2024

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Essential coaching skills for leaders and business owners
mbit leadership.jpeg.jpg
LBV Hub Seminars
24 Sep 2024

Essential coaching skills for leaders and business owners

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:30 - 16:30

What's your purpose?
https___cdn.evbuc.com_images_831357559_58187427629_1_original (1).jpg.jpg
LBV Hub Networking
25 Sep 2024

What's your purpose?

The Wellbeing Farm Wedding And Events Venue, Bolton, BL7 0BY

09:30 - 14:00

Flexible working – what exactly is it?
CBP-logo LBV.png.png
LBV Hub Webinar
25 Sep 2024 - 25 Sep 2024

Flexible working – what exactly is it?

Online, Online, Online

08:00 - 09:30

What's your purpose?
CBP-logo LBV.png.png
LBV Hub Networking
25 Sep 2024

What's your purpose?

The Wellbeing Farm, Edgworth, BL7 0BY

09:30 - 14:00

Chamber Breakfast Networking
Chamber Logo1.png.png
LBV Hub Networking
25 Sep 2024

Chamber Breakfast Networking

The Borough, Lancaster, LA1 1PP

08:00 - 10:00

30 Minutes: What is Net Zero – 5 things you need to know
BU AUGUST_8.jpg.jpg
LBV Hub Webinar
25 Sep 2024

30 Minutes: What is Net Zero – 5 things you need to know

Online Event, Blackpool, FY4 1EW

10:00 - 10:30

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 LBV117 Online Graphic
Subscribe now

Weekly news bulletin