Sadly our new client's previous advisors had attempted to collect the debt on its behalf but, in their haste, had made a number of errors with their pleadings and, worse still, had issued summons in the incorrect High Court. Following a detailed review of the background, supporting documents and the legal advice provided by its previous attorneys, we decided to pursue a far more practical and "commercial" approach.
We assisted the client by:- (a) providing detailed advice, guidance and recommendations to the Managing Director on how best to approach the matter, so as to facilitate a commercially acceptable settlement being reached with its customer; and (b) subsequently drafting and negotiating a "Settlement Letter" between the parties, in terms of which they agreed upon:- (i) the terms of the negotiated settlement; (ii) the repayment schedule for the payment of R500,000 to our client; and (iii) and both consented to the withdrawal of the High Court litigation, on the basis that each party would bear its own costs.
Please feel free to contact us in the event that you are looking for "out of the box" thinking and legal advice in relation to your business and related legal matters.