A simple dispute might be resolved by agreement between the parties in a matter of weeks. A claim which ends in court proceedings might take anywhere from 3 months to 12 months+ depending on the complexity of the case.

After a meeting the first step in the dispute resolution process is normally a letter before claim. This sets out your case, what you seek and gives your opponent an opportunity to respond. Subject to the response received, if the dispute is not resolved, it may be that some form of Alternative Dispute Resolution is appropriate. If it is not appropriate or if it is unsuccessful, the next step would be to issue court proceedings.

The best scenario would be for you to have a written and signed contract with the debtor. However, you may have other documentary evidence such as bank statements, purchase orders, contemporaneous notes, e-mails, text messages or witnesses to oral contracts. This evidence should show that you have fulfilled your side of the contract. The best thing in these sorts of circumstances is for you to have evidence that the debtor was aware of your terms and conditions before any contract was entered.

It is vital that copies of all correspondences are kept as well as your attempts to chase the debt or any attempts to negotiate a settlement. Although not the best scenario, but even without direct evidence, it may be possible to infer the agreement from other evidence, hence why it is crucial to keep copies of everything.

Depending on the funding arrangement you have with your solicitor and the value of the claim, the greatest risk is that your claim is unsuccessful and you are responsible for your own costs and a large proportion of your opponent’s costs.