Unpaid marketing retainer, disputed invoices and a counterclaim 















The Client

Digital and media agency

Value of Dispute

£115,000

The Commercial Dispute

A well-known subscription-based ingredients company (the debtor) had engaged our agency client to provide monthly digital and media services, which promote the debtor’s products via social media and other channels. The parties agreed on a set monthly fee under a minimum 12-month contract. However, the debtor failed to make payment for services rendered and breached the terms of the agreement, resulting in the termination of the contract and the full outstanding sum becoming due.

How Escalate Resolved – Services Used

Unusually, the matter was initially referred to Escalate from a defended position, as the debtor had already instructed solicitors to initiate a claim against the client for alleged poor performance and to request a refund of all monies paid to date.

Escalate quickly identified that the debtor was attempting to undermine the client by pre-emptively engaging legal representation to muddy the water and to dispute invoices that had already long since been agreed for payment.

Through negotiations between Escalate and the debtor’s solicitor, a substantial settlement was reached in the client’s favour, avoiding the need for legal proceedings.