A coordinated procedural, supervisory and litigation framework.
Recovery proceeds on three parallel tracks, calibrated to the contractual law, supervisory regime and documentary record of each file. The tracks are coordinated, not sequential.
The three tracks.
Contractual track
Formal demand under the underlying agreement, pre-action correspondence, proceedings preparation, and litigation conduct where required. Forum selection follows any exclusive jurisdiction clause in the underlying agreement.
Supervisory track
Engagement with the competent supervisory authority of the counterparty's home Member State. Calibrated as a credible reservation, not an opening move. Where a counterparty engages in good faith, the supervisory complaint is not filed.
Procedural track
The documented chain of assignment, notice, authority, joinder, and director's confirmation instruments. Designed to address defensive postures on assignment validity before they are raised.
Operating framework.
Assignment & Notice
We take legal title under a Claim Assignment and Recovery Agreement executed via Scrive or DocuSign under eIDAS Regulation (EU) No 910/2014. A separate counterparty-facing Claim Assignment Agreement and Notice of Assignment are served on the regulated PSP on the same operative date.
Forensic reconciliation
Before any pre-action correspondence is served, a financial controller works the merchant-side record — bank statements, accounting records, settlement files, scheme passthrough data — against the counterparty's monthly statements. Undocumented internal adjustment lines, reserve transfers and contested deductions are isolated with precision.
Formal demand
A substantive demand letter is served on the counterparty's legal function, citing the executed contractual provisions, scheme correspondence, and reconciliation evidence. The demand includes a defined production deadline and a defined response window.
Supervisory engagement
Where the counterparty does not engage within the response window, or where the response posture is unsupportable on the documentary record, supervisory engagement at competent authority level is opened in the counterparty's home Member State.
Proceedings & settlement
Where required, proceedings are prepared in the named forum. Settlement is the preferred outcome on every file — commercial settlement on mutual release and mutual confidentiality, executed under a formal settlement deed.
Commercial structure.
You face no out-of-pocket cost during the recovery and retain a substantial share of any recovered amount. In selected cases, the claim is acquired outright. The structure has three operative elements.
No advance
You contribute no funds. The firm funds all Legal Costs in the first instance.
Recovery split
A share of the net Recovered Amount, calibrated to the complexity of the file. Your exact split is communicated in writing before the Agreement is executed.
Cost recovery threshold
Legal Costs are only deducted from your share once cumulative recoveries reach 2× cumulative Legal Costs paid by the firm.
The recovery split scale.
The Complexity Threshold Assessment determines where each file sits on the calibration scale. The endpoints are outer parameters reached only by files at the extremes.
In your favour
Single jurisdiction, complete documentary record, no material assignment obstacles, short retention duration.
Balanced
The default position absent calibration in either direction along the scale.
In the firm's favour
Multi-jurisdictional, significant procedural, regulatory or structural complexity, long retention duration.
The nine-factor assessment.
The Complexity Threshold Assessment is completed during our analysis, before execution of the Claim Assignment and Recovery Agreement. The factors considered include, without limitation:
- 01Documentary completeness of the merchant-side record
- 02Procedural complexity of the assignment chain and notice framework
- 03Multi-jurisdictional dimensions
- 04Regulatory framework breaches alleged
- 05Financial sophistication of the counterparty
- 06Operational availability of merchant-side reconciliation evidence
- 07Structural defects in the executed contractual instrument
- 08Duration of the merchant fund retention
- 09Any further factor the firm considers relevant
The calibrated split is communicated in writing before the Agreement is executed and is final upon written communication.
Outright purchase.
Every file passes through the same analysis. Most engagements proceed on the calibrated recovery split described above. In selected cases — where the file's characteristics support it — the claim is instead acquired outright by a specialist recovery fund the firm cooperates with: a fixed purchase price, paid at execution, in place of a share of the recovery.
The purchase price, like the calibrated split, is communicated in writing after the analysis and before any instrument is executed. Whether a file qualifies for acquisition is determined by the firm's analysis, not by request.
“Disciplined, institutional conduct. The Assignment confers your rights — and nothing more. Those rights are exercised with documentary discipline and with the conduct expected of a serious institutional claimant.”
The framework in detail.
- Firm noteWhy assignment changes the conversation with your PSP.
What the CARA does, what the merchant keeps, and why the counterparty’s cost-benefit calculation moves when the claimant of record is a specialised assignee.
5 min read - Sector primerSupervisory engagement as part of the recovery framework.
Why the firm treats engagement with the home Member State supervisor as a track within the recovery, not as a separate regulatory matter.
6 min read
Begin an enquiry.
Our enquiry takes about thirty minutes. We respond within five business days with an initial fit assessment.