Frequently asked questions

What you typically want to know first.

If a question is not covered here, write to [email protected].

01

Engagement & cost.

What does it cost to engage the firm? +

Nothing up front. You contribute no funds. The firm funds all Legal Costs in the first instance. Your contribution is the documentary record and operational cooperation through the recovery.

How is recovery shared? +

The default position is 50/50 on the net Recovered Amount. The split is calibrated on a continuous scale between 75/25 in your favour and 75/25 in the firm’s favour, depending on the complexity of the file. The Complexity Threshold Assessment determines the calibration and is completed within 30 calendar days of execution.

When are Legal Costs deducted from my share? +

Only once cumulative recoveries reach 2× the cumulative Legal Costs paid by the firm. Below that threshold, recoveries are split without deduction. Early tranche recoveries are protected.

What happens if no recovery is achieved? +

You owe nothing. The firm bears the cost of the Legal Costs incurred. Where the firm determines in good faith that further recovery is not commercially viable, that determination is communicated in writing and the engagement concludes.

02

How the recovery works.

Who actually owns the claim during the recovery? +

The firm. We act as Assignee under a Claim Assignment and Recovery Agreement and take legal title to your accrued claims. Recovery is conducted in our name on title we hold, which eliminates a category of procedural defence the counterparty would otherwise raise.

What does the recovery process look like? +

After assignment, the firm completes a forensic reconciliation of the merchant-side record against the counterparty's ledger. A formal demand is served on the counterparty's legal function. Where the response is unsupportable on the documentary record, supervisory engagement is opened in the counterparty's home Member State. Proceedings are prepared in the named forum where required. Settlement is the preferred outcome on every file.

How long does a recovery take? +

Projected 3–12 months from execution of the Claim Assignment and Recovery Agreement, depending on the counterparty's posture and the documentary complexity of the file. Where a counterparty engages in good faith and settles within a defined window, the timeline compresses materially.

Do you go to court? +

Where required. Forum selection follows any exclusive jurisdiction clause in the underlying agreement. The firm prefers a commercial settlement on mutual release and mutual confidentiality, and most files do not require trial. Proceedings are prepared and conducted where commercial settlement is not available.

03

Strong files & weak files.

What makes a strong file? +

Institutional-scale accrued claims; a substantially executed merchant services agreement with schedules and side letters; clear documentary evidence of the dispute (formal correspondence, partial release, contested deduction, or retention beyond the applicable release window); and operational capacity on the merchant side to support the recovery over 3–12 months.

What about files with gaps in the documentary record? +

Files outside the high-documentation profile are still considered where the structural facts are sufficiently strong. In particular, where supervisory framework breaches are clear, the firm engages even on partial documentary records.

What if the counterparty has been acquired, restructured or rebranded? +

This is a recurring feature in the sector. The firm coordinates the procedural notice framework to follow the actual obligor, including, where required, joinder of the successor entity and engagement with the home Member State supervisory authority on regulatory transition.

My company is a subsidiary of a publicly listed parent. Is this a problem? +

No. The firm is calibrated to handle the listed-parent dimension in coordination with your own counsel — including disclosure obligations that may apply to the existence of the claim or the conduct of the recovery.

What factors may weaken or disqualify a file? +

The firm may decline files where the disputed amount is immaterial, the documentary record is incomplete, the counterparty is not regulated or not economically reachable, the merchant has already executed a release of the claim, or the expected recovery does not justify structured pursuit. The Complexity Threshold Assessment surfaces these factors before engagement; a decline determination is communicated in writing and the merchant is not invoiced for the assessment work.

04

Risk, control & settlement discretion.

Can the merchant lose money on the engagement? +

No. The firm funds all Legal Costs in the first instance. The merchant contributes no funds during the recovery, and where no recovery is achieved the firm bears the cost of its own Legal Costs. The merchant is not invoiced and is not liable for the firm's costs in any scenario.

What control does the merchant retain after assignment? +

The merchant retains the economic interest under the Claim Assignment and Recovery Agreement — entitlement to its agreed share of any Recovered Amount, together with the right to be informed of material developments. Operational control of the recovery (correspondence, supervisory engagement, litigation conduct and settlement strategy) passes to the firm as Assignee on title it holds.

Can the firm settle without the merchant's approval? +

The firm has full discretion over the conduct of the recovery, including the timing and terms of any settlement engagement. The firm consults the merchant on any settlement proposal materially below the documented anchor position established during the initial review. Where the firm executes a settlement above that anchor, it accounts to the merchant for the merchant's share without separate authorisation.

Can the counterparty bring a claim back against the merchant? +

The Claim Assignment and Recovery Agreement transfers the merchant's accrued claims to the firm. It does not affect the counterparty's contractual or regulatory positions in respect of the underlying merchant services agreement. Where the counterparty has identifiable counterclaims (for example unrecovered chargebacks or scheme assessments properly owed by the merchant), those remain the merchant's exposure. The firm reviews the documentary record for any such exposure during the Complexity Threshold Assessment and discloses it before execution.

What happens if the firm declines the file after initial review? +

Where the firm determines after the Complexity Threshold Assessment that the file does not meet engagement criteria, the determination is communicated in writing. The merchant is not invoiced for the assessment work and remains free to pursue the claim through other counsel of its choosing. Where assessment work product would be useful to the merchant's onward conduct, the firm provides it on request.

What if the merchant has already complained to a supervisory authority? +

A prior complaint is not a disqualifier. The firm reviews the procedural status of any existing complaint during the initial review and coordinates with it as part of the supervisory framework. Where a prior complaint has been filed but not substantively resolved, the firm considers that posture before engaging supervisory authorities directly.

What if the merchant has already signed a settlement or release? +

Where a merchant has executed a settlement, release or waiver in relation to the dispute, the firm reviews the operative document during the Complexity Threshold Assessment. A release does not always extinguish the underlying claim — scope, consideration, mutuality and the circumstances of execution all bear on enforceability. The firm communicates its determination in writing before execution of the Claim Assignment and Recovery Agreement.

Does the merchant need its own lawyer? +

The Claim Assignment and Recovery Agreement is the operative instrument. The merchant is encouraged to obtain independent legal advice before executing it. The firm does not act as the merchant's counsel; the firm acts as Assignee on title it holds. Independent counsel coordination is particularly important where the merchant's circumstances involve listed-parent disclosure, ongoing regulatory examination, or counterparty relationships that interact with the recovery.

05

Confidentiality, communications, control.

Is the engagement confidential? +

Yes. The Claim Assignment and Recovery Agreement contains mutual confidentiality undertakings. Existence of the engagement, conduct of the recovery, strategic positioning, and any documentary record exchanged are all subject to confidentiality. Public disclosure requires the prior written consent of both parties.

Who decides whether to settle? +

The firm has full discretion over the conduct of the recovery, including the timing and terms of any settlement engagement. The firm consults you on any settlement proposal materially below the documented anchor position established in the initial review.

What if the counterparty contacts me directly during the recovery? +

Direct any such communication to the firm and do not engage substantively with the counterparty. Any payment received by you from the counterparty after the Notice of Assignment is held on trust for the firm and remitted within five business days.

Can I terminate the engagement? +

During the recovery period, termination by the Assignor requires the firm's prior written consent, which is not unreasonably withheld where your underlying business circumstances have materially changed. The firm may terminate on 30 days' written notice and accounts to you for any Recovered Amount received but not yet distributed.

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