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

Development partner wanted to deliver Morecambe’s Frontierland plan Frontierland

Development partner wanted to deliver Morecambe’s Frontierland plan

15 Nov 2024

2

TP Financial Solutions named in top 100 firms list TP Financial Solutions

TP Financial Solutions named in top 100 firms list

15 Nov 2024

3

Government set to release £20m in preparation for new combined authority Lynn Williams, Phil Riley and Philippa Williamson

Government set to release £20m in preparation for new combined authority

14 Nov 2024

4

Farleys Solicitors invest in the future with flagship office space Communications House.jpg.jpg

Farleys Solicitors invest in the future with flagship office space

14 Nov 2024

5

Businesses urged to take advantage of expert funded support to help find finance Access to Finance advisers

Businesses urged to take advantage of expert funded support to help find finance

14 Nov 2024

PC PrestonMacan GIF980x120
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
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

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 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

mBITfor transformative leadership and coaching
mBIT coach Practitioner.png.png
LBV Hub Seminars
14 Nov 2024 - 17 Nov 2024

mBITfor transformative leadership and coaching

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

09:00 - 17:00

Live Work Create: Building Community In The Modern World
Live-Work-Create-Building-Community-1024x1024.png.png
LBV Hub Networking
20 Nov 2024

Live Work Create: Building Community In The Modern World

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 20:00

North West HR Employers Forum
CBP-logo LBV.png.png
LBV Hub Seminars
20 Nov 2024 - 20 Nov 2024

North West HR Employers Forum

Wham Stadium, Accrington Stanley, Livingstone Road, Accrington, BB5 5BX

09:00 - 12:00

LBV119 Magazine Launch Event
DSC9389
Networking
20 Nov 2024

LBV119 Magazine Launch Event

Stonyhurst College, Clitheroe, BB7 9PT

16:00 - 18:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

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

09:00 - 17:00

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

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 LBV118 Online Graphic
Subscribe now

Weekly news bulletin