Strategic choice
Claim sale for cash or litigation: which option to choose
Once eligibility is established, a strategic question arises: sell your claim now, or bring a high-yield action before the Amsterdam court?
Two mapped routes, no financial risk
Selling the claim suits directors who prioritise immediate financial certainty. A litigation funder buys the claim attached to your fleet outright: funds are paid within 30 days of signing the assignment, and the amount stays yours even if the later proceedings fail. In exchange, the compensation carries a liquidity discount.
Consolidated litigation suits businesses that want to maximise the award by claiming the whole loss plus compounded late payment interest. The Netherlands is the reference hub for centralising these claims.
One point matters: you can split your fleet, assigning the claims on older vehicles already sold to raise cash while litigating for your more recent trucks.
|
Decision criterion |
Option A: claim sale for cash |
Option B: success-fee litigation |
|---|---|---|
|
Payment window |
Guaranteed within 30 days of validation |
2 to 4 years depending on the court |
|
Level of compensation |
Firm amount with a liquidity discount |
100 % of the loss and interest |
|
Upfront fees |
EUR 0 |
EUR 0, No Win No Fee model |
|
Risk of failure |
None, transferred to the funder |
None, no fee if the claim is rejected |
|
Reference jurisdiction |
Direct transaction outside court |
Amsterdam court or commercial courts |
|
Internal workload |
Minimal, signing the agreement |
Low, handled by our partner firms |
|
Partner remuneration |
Included in the firm purchase price |
Success fee deducted from the award |
How your claim is calculated
The original overcharge is only part of your claim. The decisive lever is the compounding of statutory late payment interest, accrued over twelve to twenty-eight years.
Worked comparison for a fleet of ten tractor units bought in 2005 with a total value of one million euros: the cash option provides an immediate payment in the order of EUR 10,000 to EUR 15,000, while litigation targets EUR 250,000 to EUR 350,000 over two to four years.
Eligibility check
Send us your invoices, lease agreements, registration documents or asset registers covering 1997 to 2014.
Audit and firm offer
Our lawyers and econometricians quantify your claim within four weeks.
Guided decision
You choose between a cash purchase of your claim within 30 days and litigation on a success-fee basis.
Payment released
The compensation is credited directly to your company bank account.
Frequently asked questions
The other files in the expertise centre
All the analyses in this section, plus the Legal expertise hub for the overview.
Receive your tailored comparison
Our experts quantify both scenarios for your fleet and guide the decision.
Or write directly to contact@truckcartelclaim.com