Sector: Fuel
Client Profile: A National Commercial Fuel Card Provider
We were instructed to respond to an interim court application issued by a Defendant company seeking to vary a County Court Judgment (CCJ) that had been entered against it. The Defendant’s application sought to delay full payment of the substantial debt owed. We engaged quickly and robustly to protect our Client’s position and secured a favourable outcome, including full cost recovery.
Background
✔ The Defendant submitted an application to vary the judgment in response to the Claimant’s request Judgment to be paid forthwith, the Defendant being a company.
✔ Upon considering the Defendant’s application, the Court issued a Direction for the Claimant to file a response.
✔ The Claimant filed its reasoning for payment forthwith.
✔ The Court issued a Notice of Hearing.
Challenges Faced
🡆 Application was made by the Defendant in an attempt to delay payment
🡆 Short timeframe to respond and prepare for hearing
🡆 Client had already incurred legal and enforcement costs
🡆 Risk of delayed recovery unless application was strongly opposed
Our Strategy
✔ Acted swiftly to prepare evidence in opposition to the variation request
✔ Maintained pressure on the Defendant by engaging strategically ahead of the hearing
✔ Made clear the lack of merit in the Defendant’s application
✔ Entered negotiations only once favourable cost and repayment terms were on the table
Key Developments
🡆 Rapid response to the Court’s Directions and preparation for hearing
🡆 Rejected inadequate instalment offers that failed to reflect the size of the debt
🡆 Reached agreement on a realistic instalment plan which included legal and enforcement costs
Outcome
✔ Payment plan agreed on terms acceptable to our Client
✔ Full recovery of legal and enforcement costs secured
✔ First instalment received on debt over 12 months overdue
Key Achievements
🡆 Application successfully defended without compromise on costs
🡆 Client not left out of pocket
🡆 Long-outstanding invoices now being repaid
How we Achieved this
✔ Engaging early and decisively with the Defendant
✔ Standing firm with a strong legal position
✔ Ensuring legal and enforcement costs were part of any settlement
✔ Balancing legal strength with commercial practicality
Why This Matters To Fuel Providers
Delays in repayment undermine commercial cash flow and open the door for other customers to follow suit. By defending meritless challenges and recovering enforcement costs, our Client reinforced its position as a creditor that expects payment in full.
Need to Discuss a Commercial Litigation Case?
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Sara Souyave
Director & Head of Commercial Services
Rachael Hargreaves
Head Of Commercial Litigation
Zahida Shah
Commercial Litigation Solicitor
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