Call us on:
01283 526 200
Call us on 0121 393 1720 or 01283 526200

Our Services

Insolvency & Bankruptcy Solicitors

Insolvency & Bankruptcy Solicitors

Retention Of Title Claims

If you have supplied goods and not been paid in full, you can apply to take those goods back if you have a properly drafted Retention Of Title (ROT) clause in your trading terms. ROT clauses should always be drawn up, and reviewed, by a legal expert.

In order to successfully make a Retention Of Title claim you need to be able to prove that the buyer accepted your terms of trade and you need to be able to identify your own goods – which can be complicated if their identifying number has been removed, or if they have been sold on to a third party or if they have been processed or incorporated into another product.

How we can help

To avoid suffering substantial business losses, you should have all your existing ROT clauses and terms of trade reviewed by a solicitor. Else Solicitors can advise you whether the terms you have in place provide sufficient protection and whether you are obtaining sufficient proof from the client that they have been accepted. Your business terms need to be specific to your individual business circumstances, and simply copying another company’s terms could be a costly error.

Else Solicitors can also help you when you are faced with negotiating with a liquidator for the return of your goods or payment. The liquidator may offer to pay less than full value for the goods. At this point, our team of specialist solicitors can help you decide whether to accept the offer, whether to negotiate for more or whether to resort to court action. We will help you make a practical and realistic assessment of what is best for your business.

For more detailed legal advice on how we can help, please contact the insolvency and business recovery team team on 01283 526200, alternatively you can send us a message and one of our specialist solicitors will be in touch.

LEGAL UPDATE: What Happens if I Let My Flat or Apartment Through Airbnb?


A recent case has highlighted the legal dangers of letting your flat or apartment through schemes such as Airbnb. Many people are making extra money by letting out their apartment or flat for short periods to business travellers and tourists. This is attractive to both parties. It gives the owner an extra income stream and […]

read more

LEGAL UPDATE: What Happens When You Go Bankrupt?


Numerous things happen when you go bankrupt. However, there is one less thing you need to worry about, after an important ruling earlier this month. The Court of Appeal has ruled that individuals facing bankruptcy will not necessarily have to cash in their undrawn pension pot, to pay off their debts. Pension freedoms allow those […]

read more