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Warnings

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1. Please be aware of the risks of contested litigation. If you know or suspect that the debtor has genuine reasons for not paying, even if you disagree, and that your claim will be defended, it may not  be suitable for action from Debt Control Limited. It is important to remember that once a claim is contested costs will become an issue. The old adage about the only winners being the lawyers is not to be taken lightly. Costs can build up very quickly and accordingly you should adopt a commercial attitude from the outset.

2. Part Payments made or offered in "full and final settlement" and then paid and accepted, will almost inevitably compromise your claim. Unless you intend to accept the payment as full settlement then you should not accept a payment in these terms since by taking the money you may lose your right to claim for the balance and the payment may be treated as full payment.

3. Be careful if you are dealing with invoices that have terms and conditions including an arbitration clause. The Debtor may argue that the Claim should not proceed until the arbitration procedures have been completed. This may lead to your case being stopped and the costs thrown away.

4. Beware of time!. If an Invoice or debt has been due for 6 years then the general rule is that you are " out of time". The Limitation Act would prevent you from taking action against a debtor if 6 years has expired since the debt was incurred. Although there may be some exceptions they are unlikely to apply.

If you have a specific problem then email us at info@debtcontrollimited.com.

   
 
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