Why It Pays To Put
The Claimant First During Negotiations

Are you concerned that the Claimant's view of you may significantly undermine your position of confidence during negotiations?

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This issue often arises when clients seek advice on how they should approach a Claimant to negotiate the removal of a County Court Judgment (CCJ). The anxiety exists around that the Claimant might view you as a problem or even worse still, the enemy, due to the debt owed. This notion cannot be further than the truth.

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Let’s face it. Effective negotiation isn't about determining who is right or wrong. Whether you're an individual, professional, or business owner, trying to resolve the matter of a CCJ your objectives remain the same. The level of care that you can take during negotiations can make a significant difference, especially in high-pressured situations.

Effective negotiation is about understanding certain fundamentals and by taking the right steps can lead to successful negotiations. Perhaps you are a business owner with a couple of  contentious CCJs with a Claimant and you’re caught in a persistent cycle of combative discussions, leading to a win-lose situation which is obscuring the potential value of fruitful discussions. Or you are a professional feeling that you lack the capacity to move a Claimant to a position where the removal of the CCJ could be possible.

Well whatever it is, I’m here to inform you that you can become an effective negotiator. After all you negotiate in your life on a daily basis. So, let’s look at some actionable steps for you to take it to the next level.

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Here are a few fundamental pointers to help you

Understand what really matters to the Claimant.

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When entering a negotiation meeting, try to separate the Claimant as a person or representative from the issue. Give them a chance to be heard. If you have business practice and dealing with a supplier, the Claimant may have concerns about cash flow issues, or you are business owner dealing with a private parking charge operator, they may wish to avoid additional legal costs which could involve going to trial.

Either way, once you have heard the Claimant’s case and understood their needs, you may uncover other issues that were not apparent before negotiations. Gaining insight into such information can provide you with some golden nuggets which you can leverage during the negotiation process. Listening means just that. It does not mean that you should take umbrage and cast judgment.

Explore arrangements that satisfy both you and the Claimant.

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Look at the information that you now have after listening to the Claimant. Consider finding an alternative path to discussions with the Claimant. Your thinking and considerations will not be so binary as they would have appeared before negotiations began. Having listened to one another, there will be a degree of flexibility. You can now re-frame the negotiations taking on board the new information and what value you can bring to the Claimant.

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For example, as a professional you may be looking at the removal of a CCJ from your personal credit file to secure employment in the financial industry. The Claimant maybe receptive to discussions around this point, because you have found errors on your credit report which have resulted from a disputed mobile phone contract.

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It will also be usual for you and the Claimant to make proposals, offers, and even counteroffers. Think about the areas where you can provide value to the Claimant, for example an early repayment of the CCJ.  Frame any value proposition around what you have heard from the Claimant. At the same time, be mindful and open to suggestions and find some common ground.

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Maintain a respectful relationship to avoid further legal costs.

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Manage your expectations effectively and be realistic about your capability to commit to a financial settlement. Assess whether you can pay off the judgment debt through a lump sum payment or by way of short instalments.

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For example, we assisted a business partnership seeking to remove a county court judgment (CCJ) from their credit report. There was a dispute regarding how the Claimant obtained the CCJ. We engaged in the negotiation process to understand the Claimant’s rationale behind the imposition of the CCJ. It became evident that the Claimant had overlooked some critical steps before taking legal action.

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We presented substantial evidence on behalf of our client to the Claimant concerning the flawed claim. Simultaneously, our client was prepared to discuss the full repayment of the debt to the Claimant. The negotiations resulted an agreement being reached with the Claimant and the default judgment CCJ was  removed from our client’s business file.

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If you frame your negotiations around a benefit, there is potential for having the Claimant’s ear and a more favourable outcome.

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A win-win outcome

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In general, most of us are good negotiators. After all, we are always negotiating in our daily lives without thinking about it, whether at work, with family, or at a professional or business organizational level.

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So if you are a professional seeking to improve your credit score or a business owner  or business practice aiming to enhance your financial reach or reputation, consider implementing these actionable steps during negotiations to address any concerns raised by the Claimant. This approach can help you become an effective negotiator. Ultimately, this may lead to negotiating a better deal and potentially removing the CCJ from your personal or business credit file.

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Alternatively, if you’re feeling unsure about where to start or how to navigate changing the Claimant’s view, we’re happy to help. Set up a strategy call with me.

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