Debt recovery claims, including the ones that are defended.
Disputed invoices, defended debt claims, statutory demands, set-off and counterclaim, and enforcement of judgment. Panel members authorised to conduct litigation can run the claim from letter to enforcement.
Undisputed debt is a collections exercise. What needs counsel is the debt that is being resisted, whether by a genuine dispute over the work, a set-off, a counterclaim manufactured to buy time, or a defendant who simply does not intend to pay and is testing whether you will follow through.
Clerk&Counsel places independent barristers on defended debt claims for businesses, landlords, contractors, professional firms and individuals. We are a clerking agency, not a chambers or a firm of solicitors, and the barrister we introduce is instructed directly by you.
Where the barrister holds a litigation extension from the Bar Standards Board, they can also conduct litigation on the claim. That means issuing the claim form, serving it properly, applying for summary judgment where the defence has no real prospect of success, dealing with directions if the matter is defended in substance, and then advising on and progressing enforcement.
Debt matters we take on.
- Defended commercial debt claims where the quality of work or supply is challenged.
- Claims met with a set-off or counterclaim, including alleged defects and delay.
- Applications for summary judgment and to strike out unmeritorious defences.
- Statutory demands, including applications to set aside, and winding up petitions where the debt is undisputed.
- Guarantees, indemnities and director personal guarantee claims.
- Construction payment disputes and adjudication enforcement.
- Enforcement of judgment, including charging orders, third party debt orders and attachment of earnings.
- Defending debt claims, including limitation, prior settlement and unenforceable terms.
From claim form to enforcement, with one barrister.
A litigation authorised barrister can conduct the whole recovery process. They can send a compliant letter before claim, issue at the County Court Business Centre or the appropriate court, serve, and where the defence is thin, apply for summary judgment under CPR Part 24, which often resolves a debt claim within months rather than a year.
If the claim is genuinely defended, the same counsel handles directions, disclosure, witness statements and the trial. If judgment is obtained and not paid, they can advise on and pursue the enforcement route that actually fits the debtor, which is usually a question of what assets exist rather than which method is cheapest to start.
That single point of contact matters in debt work because the value at stake is often modest relative to the cost of running two professionals on the file.
Choosing the right pressure point.
Where a company owes an undisputed sum, a statutory demand followed by a winding up petition can be far more effective than a claim form. Where any part of the debt is genuinely disputed on substantial grounds, that route is an abuse of process and can result in an indemnity costs order, so the assessment has to be honest.
Where interest and costs matter, a business to business debt may attract statutory interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, which is frequently overlooked and can be a meaningful addition on an aged ledger.
Where the debtor has no realistic means, the sensible advice is often not to sue. Counsel should tell you that before you spend on a claim, and we would rather lose the instruction than take one that cannot recover.
If you are the one being pursued.
Not every debt claim is well founded. Common defences include a genuine dispute over the standard of the work, a set-off exceeding the sum claimed, expiry of the six year limitation period, an earlier compromise, misidentification of the contracting party, and unenforceable or unincorporated terms.
Where a statutory demand has been served on you personally or on your company, the timescales are short. An application to set aside a personal statutory demand must generally be made within eighteen days of service, and an injunction to restrain presentation of a petition needs to be sought quickly.
Counsel can review the position and act within those windows, and where you have no solicitor, a litigation authorised barrister can make the application for you.
Specialist areas within this practice.
- Contract disputes
Where the sum claimed turns on the terms of the agreement.
- Insolvency disputes
Statutory demands, winding up petitions and bankruptcy work.
- Banking and finance disputes
Facility, guarantee and security disputes with lenders.
- Find a barrister
Tell us about the claim and we will match counsel.
Owed money and being ignored? Or being pursued unfairly?
Send the invoices, the contract and the correspondence. We will come back with a recovery route, an honest view on recoverability and a fixed fee for the next step.
Common questions.
Can a barrister run a debt claim without a solicitor?
Yes, where they hold a litigation extension from the Bar Standards Board. They can issue and serve the claim, apply for summary judgment, conduct any trial and progress enforcement, all with no solicitor on the record.
How long do I have to recover a debt?
Generally six years from the date the debt fell due in England and Wales, or twelve years where the obligation is in a deed. Part payment or a written acknowledgment can restart the clock.
Should I use a statutory demand or a claim form?
A statutory demand is appropriate only where the debt is undisputed. If there is a substantial dispute or a genuine cross-claim, that route risks an injunction and an indemnity costs order, so a claim form is the correct step.
Can I recover interest and costs?
Business to business debts usually attract interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Costs recovery is limited on the small claims track but broader on the fast track and above.
What if I get judgment and they still do not pay?
Enforcement options include charging orders over property, third party debt orders against bank accounts, taking control of goods, attachment of earnings and insolvency proceedings. Counsel will advise which fits the debtor's actual asset position.