Commercial
Are you charging statutory interest?
Most businesses never claim the interest and compensation the 1998 Act allows. Adding it to a demand often prompts quicker payment.
General Law Advice · London
Fitzgerald Cain Associates is a general law advice firm in London, encompassing debt collection, general legal advice and will writing. Our particular strength is debt recovery: we are specialist recovery agents with experience in cross-border trade, collecting from individuals and companies at home and abroad.
Areas of practice
Unpaid invoices, director guarantees, private loans, withheld deposits and funds paid in error, pursued with statutory interest and costs.
Read more Cross-border · IndiaOverseas buyers, documentary credit disputes and foreign judgments, with a particular specialism in collections from India.
Read more Private clientWills drawn up to the formal requirements of English law, with executors, guardians and gifts set out clearly.
Read more Everyday mattersContracts, letters, disputes with suppliers or landlords, and a plain explanation of where you stand and what to do next.
Make an enquiryGood advice is plain, prompt, and tells you what to do next.ALEX WHITELEY · SENIOR LAWYER
About us
Fitzgerald Cain Associates is a general law advice firm covering debt collection, general advice and will writing. Debt recovery is our specialism, and we bring particular experience in cross-border trade, including strong connections in India.
Debt recovery is often treated as an afterthought: a template letter, then silence. Our view is different. A well-run recovery begins with a careful reading of the paperwork, an honest assessment of whether the debtor can pay, and a plan that matches the size of the sum to the cost of pursuing it.
Alongside recovery work we give general legal advice and prepare wills for private clients. We act for sole traders, family businesses, professional firms, importers and exporters, and private individuals. Some clients come to us with a single overdue invoice. Others hand over a ledger of aged accounts. The approach is the same: establish what is owed, prove it, demand it, and collect it.
Most debts are settled before any court is involved. We prepare formal demands, negotiate payment plans, trace absent debtors, and present the evidence a debtor needs to see that payment is the sensible course.
Where proceedings become necessary, we prepare the matter and work alongside solicitors and barristers authorised to conduct litigation and appear in court, so that the case reaches them organised, evidenced and ready.
Senior Lawyer
Alex leads the practice and oversees every instruction from first review to conclusion. Clients deal with Alex directly; matters are not passed down a chain of junior staff.
Alex's work centres on the early stages of recovery, where most money is won or lost: reading contracts and correspondence for the strongest basis of claim, preparing demands that comply with the pre-action requirements, and negotiating settlements that are actually paid.
We tell you at the outset whether a debt is worth pursuing, and what it is likely to cost.
Each file is read in full. Demands are precise, dated and supported by evidence.
Your commercial relationships matter. We pursue debts without needless damage to them.
Our specialism
Whether the debtor is a company or a private individual, we establish what is owed, prove it, demand it and collect it, following the correct pre-action steps for each.
For businesses owed money by other businesses. Late payment drains cash flow; we put the law on statutory interest and compensation to work on your behalf.
Claims against private individuals call for care. We follow the Pre-Action Protocol for Debt Claims to the letter, so that the claim is strong and the debtor is treated fairly.
Before any claim is issued against an individual, the debtor must receive a Letter of Claim with an information sheet and reply form, and must be given 30 days to respond. Skipping this step can lead to costs penalties. We prepare these documents fully and manage the response period.
Area of practice
When a buyer is overseas, distance becomes the debtor's best defence. We close that distance for UK exporters, importers and traders dealing across borders, with a particular specialism in collections from India.
Since 1 July 2025 the Hague Judgments Convention 2019 has been in force for the United Kingdom, giving a clearer route to recognising English money judgments in the EU and other contracting states. We advise on which route suits the debtor's jurisdiction before costs are incurred.
Specialism · India
We have a specialism in recovering debts owed by Indian buyers and companies, supported by strong connections on the ground in Delhi. Our Delhi contacts can make enquiries, meet debtors in person and work within Indian procedure, while we manage the matter for you from London.
Private client
A will decides who receives your estate, who deals with it, and who cares for your children. Without one, the law decides for you. We prepare wills for individuals and couples in England and Wales.
Under the Wills Act 1837, a will in England and Wales must meet each of these formal requirements. A will that misses one may fail entirely.
Signing and witnessing must still take place in person. Remote video witnessing, allowed during the pandemic, ended in January 2024.
Our process
Each stage is taken in order, and only when the one before it has failed. Most of our matters conclude by stage three.
We read the contract, invoices and correspondence, confirm the debt is within time, and assess whether the debtor is able to pay. You receive a written view on prospects and likely cost.
Within 2 working daysA letter before action setting out the sum, the interest and compensation claimed, and a deadline. For individuals, the full Pre-Action Protocol pack is served.
14 to 30 days for replyWe deal with the debtor's response, answer any dispute on the evidence, and agree settlement or instalment terms recorded in writing.
As requiredIf payment is still refused, the matter is prepared for court and conducted with authorised solicitors or counsel. You approve each step and its cost in advance.
On your instructionOnce judgment is obtained, we advise on the enforcement method most likely to produce payment, from enforcement agents to charging orders.
After judgmentFees
You will know the cost of each stage before it begins. We offer clear arrangements and will recommend the one that suits the size and strength of your claim.
| Arrangement | How it works | Suited to |
|---|---|---|
| Fixed fee | A set fee for a defined stage, such as a case review or a letter before action. | Straightforward, undisputed debts |
| Recovery commission | A percentage of the sum actually recovered. If nothing is recovered, no commission is charged. | Aged ledgers and larger portfolios |
| Will writing | A fixed fee per will, or per pair of mirror wills for couples, quoted before we begin. | Individuals and couples |
| Time-based | An agreed hourly rate for complex, disputed or international matters, with a written estimate. | Disputed and cross-border claims |
On late commercial invoices, fixed compensation and reasonable recovery costs can often be added to the debt and claimed from the debtor. Where a matter goes to court, the court decides what costs the losing party pays; on smaller claims these are limited. We explain this before you commit to any stage.
Insights
Short guidance for clients and their finance teams.
Commercial
Most businesses never claim the interest and compensation the 1998 Act allows. Adding it to a demand often prompts quicker payment.
Individuals
A debtor who is an individual must be given 30 days to respond to a Letter of Claim. Issuing early can cost you at the end.
Limitation
Contract debts in England and Wales generally become unenforceable after six years. A written acknowledgment or part-payment restarts the clock.
Wills
A gift to a witness, or to a witness's spouse, fails. The will survives, but the gift does not.
India
An English High Court judgment can be executed in India; a County Court judgment cannot. Where you sue matters.
International
A clear jurisdiction clause decides where you can sue and whether a judgment can be enforced. Settle it before the first shipment.
Contact
Tell us briefly what you need: a debt to recover, a will, or general advice. Alex Whiteley reviews each enquiry personally and will reply within two working days.