FAQ

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.



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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, disputed and aged debts which will be subject to a 25% fee for debts over 1 year old, and 35% for debts over 2 years or where they are disputed.

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 AML/CDD/CFT service - AML Pro - really completely unlimited, and also free?

Absolutely. Like most of our services, we do not make any charge to you for the AML Pro service. We realise that this may, at first, appear a little at odds with other legal, compliance and related service providers. But is is not a unique approach to business at all. Think Google, and the basis upon which you can enjoy a whole host of incredibly valuble services, completely free of charge. Our approach is similar. We provide you with incredibly sophisticated, high value services, to reduce the costs of keeping your business going, on the basis that when there's a legal problem, we will be on hand to resolve it. Again, typically at no direct cost to you (as we recover all of our legal costs from your opponent).

The reason we can do this is because we engineered the system ourselves and we own the IP, meaning it is within our gift to provide you with this incredible value proposition from our own technical and commercial resources. In fact, Caresso Law runs on the same AML/CDD/CFT engines - which enables us to board new clients without the typical hassle of checking clients out manually - as we carry it all out in the background using our unique systems.

Is your unique Caresso Care service also really completely unlimited, and also free?

Yes. It too is also absolutely free to you. As with our AML Pro - AML/CDD/CFT service, Caresso Care, we make no direct charge to you to use our outsourced premium credit control service. Even if you issue hundreds of thousands of invoices, we will process them all, send mobile, email and telephone call reminders, legal letters and even recover - AND ENFORCE THEM - through the courts via our solicitors, with all court costs, disbursements, your opponents legal costs also covered (in the event we lose) and we won’t ask you for a penny. We will even pay any invoices ourselves that we fail to recover, where our solicitors have agreed to litigate them in court, and they fail to make any recovery (limited to invoices up to GBP/EUR 5,000.00). That's unique, and represents incredible value to your business.

The only time we vary away from this approach is if the litigation is complex, and very high value, or the debt is disputed and likely to involve a trial at court - in which case we will still provide everything as set out above, at no direct cost to you, but we will ask you for an initial underwriting fee of GBP 850.00 for disputed debt cases, once our solicitors have actually agreed to take on the case and your claim has been fully underwritten. Similarly, if we lose, or fail t make a recovery, it won't cost you a penny, other than our initial underwriting fee.

Are all your other services also really no win, no fee - and what does that really mean?

We specialise in fully funded and fully indemnified litigation. This typically means that there will be no financial outlay from you (we do charge a GBP 850.00 fee for underwriting and boarding litigious/disputed debt cases, but that is only payable if and when we agree to take them on), 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 qualifying 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 qualifying 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. You will, however, be charged: (i) 35% of any debt that we recover where the debt is, or becomes, disputed/litigious; (ii) 25% of any undisputed debt over 1 year old; (iii) 35% of any undisputed debt over 2 years old.

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. The only types of negligence that we will not accept is that which is clinical/medical in nature.

For further information, please visit our Personal page.

Should I accept an offer made to be by my opponent?

Unless you are a large corproate user on bespoke terms with us, you will have legally assigned your claim(s) to us and we stand in your shoes and conduct the litigation in our own name. This means that you must not enter into any further communication, or negotiation with the debtor, whatsoever. If the debtor pays you direct that will be a strict breach of our Terms & Conditions/SLA resulting in you potentially 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 you fail to cooperate with us, or breach our agreement by accepting direct payment. If contacted, simply refer the debtor directly to Caresso Law, via the unique Portal Link that they have been provided.

Will I need to visit , or speak to my Solicitor

Generally, you simply upload everything via our website, and you will not need to speak to a Solicitor until they contact you, in which case a Caresso Law 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, there are laws regarding limitation. We will generally accept debts up to 5 years old, against both businesses and consumers. Please see our Terms & Conditions for more information.

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, fully indemnified and fully funded basis. Although we may deviate from this on a case by case basis. We will typically take 25% to 35% of your damages as part of our fee. This 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, Veterinary surgeons, Architects, Surveyors, Builders, Insurance Brokers, Financial Advisors, Appointed Representatives, Conveyancers and so on.

How long does it take to underwrite and insure/indemnify my complex commercial litigation?

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. With respect to litigious matters, underwriting is usually completed within a few days to a week, but may vary dependent upon the circumstances and risks involved.

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?

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 a free initial consultation and further 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 and Contact us right away.

 

***We will arrange advice from one of the Caresso Law member law firms. We provide no legal advice directly, and only provide initial underwiting consultations and guidance on our own services. We are a litigation funder and operator of the Caresso Law technology and international Caresso Law legal consortium of member Law Firms.