Court Representation

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What does court representation mean for you?

DCB Legal can assist you by providing representation at Court i.e. someone to attend Court on your behalf and assist with Court related matters.

A claim in the County Court / to obtain A CCJ

If you wish to issue a claim in the County Court to recover money you are owed and obtain a CCJ against a Defendant please refer to our Obtaining a CCJ page.

Application to set aside Judgment

If you receive notification of a Defendant’s application to set aside a Judgment or a Notice of hearing, DCB Legal can assist you.

What does this application mean?

A Defendant may decide to contest that they owe a debt and may make an application to Court to have the Judgment set aside.  This tends to happen where a Judgment has been entered into by default.

If the application is allowed and the Judgment is set aside it is likely that the matter will proceed to a hearing of the original claim in which we can assist in representation and providing your evidence to the Court.

What do we need from you?

You will need to instruct us and provide details of the claim plus Court Orders you have received and any paperwork related to the claim.

Process & time scale

The timescale depends on the Court timetable. Once you have instructed us, we will deal with the Court. The Court will provide us with Orders ie. for any new hearing dates and dates for submitting evidence and documents. 

Costs

We offer several options for dealing with an application made by the Defendant, dependent on your specific requirements.  Prices start from £150 +VAT, together with the cost of an advocate attending the hearing to represent you.

FAQs

How can the defendant apply to have a Judgment set aside once it has been given?

A Defendant can make an application to Court.  A common reason is they have never received any paperwork regarding the initial claim.  Other reasons include disputing the debt itself.

Can I instruct DCB Legal if the Defendant makes an application for a Variation Order?

Yes you can. The Defendant may make an application to the Court to order that the debt be repaid in instalments. This is known as an application to vary a Judgment.

What happens if the Judgment is set aside?

The proceedings will be placed on hold and the matter may proceed to a trial.  If the Judgment is re-instated you can then attempt to collect the debt again.  The Defendant may at this point make payments towards the debt or in full.

If an application is dismissed you can continue with enforcement of the debt via a High Court Writ via our sister company if you wish, DCBL if the Defendant does not pay the debt.

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DCB Legal Ltd are specialist Debt Recovery, Civil & Commercial Litigation Solicitors

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