One of our company values is being ethical and we recognise this as follows:
- Ethical – Knowing the difference between what we have a right to do and the right thing to do but always choosing the latter.
Recently, we have had a couple of instances whereby our clients have allowed their emotions to take over and slightly impair their judgment.
Let me explain…
Our client, a builder was owed circa £40,000 for work completed. From the outset the debt was disputed and according to the debtor there were quite a few snags. Everything was quoted for, drawings were approved and signed off by the debtor but after the work had been completed the debtor raised some issues regarding the size of the extension. Our client’s position was clear that the drawings had been approved and building was done to spec.
This led to a deadlock situation and the debtor offering circa £11,000 in full and final settlement. The client rejected the offer. After some further negotiation the debtor put forward a further offer of £26,000 and made it clear that this was their last and final offer and that if our client did not accept the offer, they were happy for the court to decide.
The client was adamant and wanted to reject the offer and issue legal proceedings for the full outstanding balance. The client’s case was solid but as with everything there was no guarantee.
With the debt being over £25,000 this meant any legal proceedings would fall into multi track therefore meaning costs of fighting the defence, getting expert witnesses, counsel attendance and solicitors costs would be particularly high for both parties.
We talked through the options and the possible scenarios and costs the client would have to outlay and commercially it made sense to accept the offer at this point before matters escalated further. Sometimes a ‘bird in the hand is better than two in the bush’. Although the client was hell bent on issuing legal proceedings, we had to practically beg the client to accept the offer knowing from our experience how this could possibly unfold.
After careful consideration the client took our recommendation and accepted the offer and the case has now been settled. There is no doubt had it gone the other way, we would still be in court and costs racking up.
We could have quite easily taken our client’s instructions and allowed the case to continue in court however we fought tooth and nail to ensure our client got the right outcome and that it was in their best interests.
We are always happy to take the time and use our experience to explain to clients the pitfalls of their case.
Should you need any assistance then please feel free to contact us at contact@athenacollections.co.uk
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