Welcome to the Caresso Law Frequently Asked Questions
We have set out below some of the most frequently asked questions in order to help you understand and make a decision as to whether Caresso Law is right for you.
If you are new to Caresso Law, or considering using our debt litigation scheme (the "Debt Scheme") we have included a section below explaining the terms and conditions. You might also find it useful to review our Service Level Agreement.
The small print explained.
*Our unique schemes have been developed principally for the recovery of undisputed business-to-business invoice debts that relate exclusively to the supply of goods and/or services, however we will - for an additional 'risk fee' - consider disputed UK debts generally over £25,000 ("Debt"). Any registered business, or partnership, can sign up. Our solicitors seek to recover their cost's directly from the debtor pursuant to EU & UK legislation. We retain interest & statutory late payment charges to cover the cost and risk of providing our service and SLA in which we also 'guarantee' the payment of Debt (but not a disputed debt) below £/€ 5,000 where our solicitors, having agreed to take to court, fail to make a recovery - save as for where the debtor is, or appears to be, insolvent.
We will pay you 100% of invoices we recover subject to our SLA, which excludes insolvency litigation and disputed debts which will be subject to additional fees depending on the age of the debt and type of litigation, amongst other things.
If we fail to make a recovery and are unable to proceed your matter to court, we will simply re-assign the invoice to you, and you will not have anything to pay.
**All risk in the legal costs, court costs, hearing fees, counsel and expert fees, disbursements and the like, along with those of the debtor should we lose, typically rest with Caresso Law whose Specialist Purpose Litigation Vehicle ("SPV") takes a legal assignment of Debt(s) and litigates them in its own name, and at its own risk, standing in your shoes as the claimant and taking said risk. We and instructed solicitors will waive all costs (along with any unrecovered costs) in the event that your claim is unsuccessful and you will not be required to pay back any litigation funding facility provided by Caresso Law provided to you unless you have deliberately misled us, the SPV, the court, the appointed solicitor or any expert or you otherwise fail to cooperate.
There must remain reasonable merit and prospect of success (at our absolute sole discretion) at all times for us to commence and/or continue litigation. Full Terms and Conditions provided when you use our service(s).
This means that you can take full comfort that in the event that we fail to make a recovery, or lose the case, provided you have complied you will not have anything to pay.
Is your service really no win, no fee - and what does that really mean?
We specialise in fully funded litigation. This typically means that there will be no financial outlay from you, with your costs being fully indemnified, for the purpose of pursuing legal disputes with peace of mind and impunity.**
We offer two unique commercial debt schemes that also fully indemnity (own and adverse costs) and uniquely also guarantee the payment of any debt our solicitor agree to take to court, but fail to make a recovery.*
Is it really true that I will receive 100% of what is recovered against the face value of my B2B undisputed debts through your unique scehems, and you will pay upto 100% of the debt if you don't recover anything at all?
Absolutely. Put simply, you receive 100% of the invoice value that appointd solicitors go on to recover*, and up to 100% of debts where our solicitors, having approved the issue of proceedings and obtained judgement, fail to make any recovery (whatsoever). Our pan European consumer and business debt collection service, backed by our unique Service Level Agreement ("SLA"), is believed to be unique and the first of its kind in the world - applying to national UK and EU cross border invoices below five thousand pounds sterling/euros. We also recover invoices above this level, without any limit, but they do not benefit from our SLA.
For further information, please visit learn more about Undisputed Debt Recovery.
Are all professional negligence also run on a no-win, no-fee basis too?
Yes. We believe that we are unique because we do not differentiate between consumer and complex professional, commercial and business litigation. In addition, we believe that we are unique in our solicitors ability to offer immediate and automatic indemnity for almost all forms of personal, business and commercial litigation from Day one.
For further information, please visit our Personal page.
Should I accept an offer made to be by my opponent?
If you have assigned a debt to us, then you must not enter into any further communication, or negotiation with the debtor, and if the debtor pays you direct that will be a strict breach of our Terms & Conditions/SLA resulting in you having to pay all of our costs. It may also render the debtor still liable for the debt to us and we will continue ot pursue them accordingly, which may result in them brining proceedings as against you. If contacted, simply refer the debtor directly to Caresso Law, via the unique Portal Link that they have been provided. They may not contact us in any other way.
Will I need to visit , or speak to my Solicitor
Generally, in the case of our Debt Scheme relating to undisputed invoice litigation you simply upload everything via our website, and you will not need to (and nor can you) speak to a Solicitor as undisputed debts follow our internal processes at our discretion. If your case relates to any other matter then absolutely yes, and a Solicitor will make contact with you to disuss the matter at a mutually convenient time.
Is there a time limit for pursuing a claim?
Generally speaking, in relation to our Debt Scheme relating to undisputed invoice litigation we accept invoices that under one (1) year old. We will accept invoices one (1) years or over, but they will typically subject to a variation to ou Terms & Conditions .
With respect to most other claims, you generally have up to 6 years to bring a claim, after which they will be statute barred. Some claims may have a lower time limit, and it is therefore important that you contact as soon as possible.
Litigating Professional Negligence claims
One of our specialist areas of litigation is personal professional negligence and business professional negligence. Our solicitors are here to remedy wrongs against you or your business. Again, all professional negligence claims are operated on a no win, no fee*** basis, and typically involve situations where you have suffered a loss as a result of a professional mistake.
This may be as a result of a mistake by a range of professionals, including: solicitors, Accountants, Auditors, Medical and Clinical professionals, Veterinary surgeons, Architects, Surveyors, Builders, Insurance Brokers, Financial Advisors, Appointed Representatives, Conveyancers and so on.
We will fund your claim on a no win, no fee** basis and offer you free initial legal advice in order you can consider the best course of action to suit your own particular personal or business circumstances.
How long does it take to underwrite and insure my complex commercial litigation in the High Court?
As a litigation funder, we underwrite most uncontentious commercial debt claims in-house, and that is nearly always instantaneous.
This means that your claim is not subject to additional upfront costs or delays involved in packaging the risk to an insurer, nor will you be in a position where you cannot get insured when a court hearing may be looming, meaning you may have to under settle or back out altogether.
If you have already started a commercial claim, and your insurance needs have not been properly assessed, or you have not been offered insurance, you may have a case for professional negligence against your existing Solicitor, in which case you should contact us as a matter of urgency in order that our solicitors can review your situation.
If I am paying 'on the clock' in a litigious matter, can I transfer the matter to you, on a no win, no fee basis and acquire your exclusive insurance?
It is likely that subject to prospects remaining sufficient, that we can arrange for solicitors to take over your existing litigation, fund all further work, all court, barristers and experts costs. We will also gladly arrange free initial legal advice on the merits of bringing a claim against your existing Solicitor, should you require it, if they have failed to give you full and proper advice. If you want free legal advice and a review of your circumstances, either personally or in a commercial capacity, do not hesitate to contact us right away.
***We will arrange advice from one of the Caresso Law member law firms. We provide no legal advice directly. We are a litigation funder and operator of the Caresso Law technology and international Caresso Law legal consortium of member Law Firms.