Pete Gardner

Associate - Defended Commercial Recoveries Manager


Pete graduated from the University of Bedfordshire with a 1st Class BA (Hons) in Media Performance in 2001. After a brief professional stint as a radio broadcaster, Pete started his career as a Debt Collector in 2003. Pete joined Spratt Endicott in 2004 and successfully qualified as a Fellow of the Charted Institute of Legal Executives in 2010.  In May 2014, Pete was promoted to the level of Associate.

Pete client’s often comment on his responsiveness and ability to quickly grasp the issue. Pete provides his clients with quality advice and approaches cases in a practical manner to ensure the best outcome for his clients.  This has been recognised by the Legal 500 who have again ranked Pete as a Next Generation Lawyer and Recommended Lawyer.

 

He is a Fellow of the Chartered Institute of Legal Executives and Director of Banbury and District Chamber of Commerce.

Case Studies

Fending off bullish opponents

Judgment had been obtained against the Defendant and the Defendant had paid the Judgment debt in full to the High Court Enforcement Officer (“HCEO”). The Defendant had subsequently instructed a Solicitor to try to obtain repayment of the monies.

The Defendant’s Solicitor tried to make the argument that the Defendant was not the correct debtor because it was a dormant company and should not have been pursued for the money. We checked Companies House records which showed that the Defendant had recently filed dormant accounts.  However, the HCEO had discovered that the Defendant had at least one ​vehicle in its possession that was subject to a finance repayment deal.

Our team used their advocacy expertise to put this to the Defendant’s Solicitor and suggested that the Defendant should be declaring all financial transactions rather than filing dormant accounts. We also pointed out that the Defendant had not acted promptly in seeking to set aside the Judgment which had been entered 12 months previously. The Defendant’s Solicitor advised that they were likely to make the application to set aside immediately.

We advised the Client that they should sit tight because we thought it unlikely that the Defendant would actually make an application to set aside the Judgment. The Defendant’s Solicitor made further threats to make the application but we felt that the Defendant’s Solicitor was bluffing and once again advised the Client to sit tight. 

The Client took our advice which turned out to be correct as no application was made by the Defendant and therefore the Client was able to make full recovery of the debt plus full costs and interest.

Settlement on difficult Claim

We were passed this file following the filing of the Defendant’s Defence and immediately spotted and advised the Client that their Claim had difficulties due to problems with proving that the Defendant was indeed the correct Defendant and serious billing errors had been made.  We advised that settlement was the way forward.

We used his negotiations expertise to correspond with the Defendant’s Solicitor to try to get the best deal possible for the Client.

Whilst negotiations were ongoing, we used our legal and drafting expertise to go through the Court process.  We advised the Client throughout all of the procedures and drafted all the documents, including the Reply to Defence and Witness Statement.

The Defendant had been bullish throughout the proceedings in that they only wanted to pay a very small settlement sum.  We advised the Client that, despite the shortcomings in their Claim, they should seek a higher amount and, if necessary, take their chances in Court.  Eventually, under the weight of our arguments, the Defendant gave in and paid the Client what they wanted.  The Client was very happy with the result.

Successful bankruptcy against nefarious debtor

Our Client wanted to make the debtor bankrupt as he had borrowed a large sum of money from them and, despite many promises and reassurances, had never paid more than a very small percentage back.

The debtor was a nefarious character who spent a great deal of time making this matter problematical and trying to scare the Client from pursuing him. Using our experience of debtors, we advised the Client against stopping the proceedings simply on a promise of payment.

The debtor was served with a Statutory Demand but applied to have this set aside. At the hearing of this application, we were successful in having the debtor’s application dismissed. The debtor then appealed against this decision and we were again successful in having this dismissed. 

A Bankruptcy Petition was issued against the debtor and despite further applications to adjourn and appeal, the debtor was made bankrupt at the first attempt.

We used our bankruptcy expertise to guide the Client through the process and file all the necessary documentation at Court which ultimately resulted in the debtor being made bankrupt. We used his application and appeals expertise to deal with the various applications the debtor made to Court and each one of these was defeated before a Judge.

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