We will send a letter before action to the debtor, explaining the details of the debt, requesting the sums due and setting out the reasons why they owe you the money.
What is a Claim/CCJ?
If you are owed a sum of money DCB Legal can act on your behalf to issue a claim against a debtor and obtain a County Court Judgment (CCJ). We will manage the whole process on your behalf from start to finish.
A claim is Court proceedings against another person or body. A CCJ is a County Court Judgment which is awarded if you have won a claim against a debtor or applied for Judgment in default where they have not responded to Court proceedings.
What do we need from you?
- We will need all documents, agreements, contracts and correspondence that you have in your possession
- Details of any payments made
- Details for the debtor including any addresses or contact details that you have for them
Process & Time Scale
Stage One
Sending Letter Before Action
Stage Two
Debtor's Response
An individual debtor (including Sole Traders) has 30 days from the date of the letter before action to respond. A debtor company has 14 days to respond.
Stage Three
Commencing Court Proceedings
If a debtor does not respond at all we can commence Court proceedings against them on your behalf.
Stage Four
14 Days to respond to the Court Proceedings
The debtor will have 14 days to respond to the Claim Form or pay the debt in full from the date the Claim Form is deemed served by the Court (usually five days after it is issued).
Stage Five
Judgment is Obtained
Judgment is obtained and enforcement options are discussed, if the debtor fails to make payment.
Court proceedings
We will issue a claim on your behalf and the Defendant (i.e. the debtor) has 14 days to respond to the Claim Form from the date it is deemed served by the Court.
If a Defence is filed, we will send a copy to you and provide an overview of what is likely to happen with your case, going forward. We will also provide you with an indication of the costs likely to be incurred in pursuing the Claim to conclusion. Should you instruct us to provide court representation, going forward, your case will be handled by a Chartered Legal Executive who can advise you of the best action to take to resolve the matter swiftly and with minimal cost to yourself.
If no response is received from the Defendant in 14 days, we will ask the Court to enter a County Court Judgment (CCJ). A ‘Default Judgment’ request is lodged at the Court stating that the Debtor failed to respond to the claim issued against them. The Court will enter Judgment for the total amount to be paid including any interest since the claim date, solicitor’s costs and Court fees paid.
FAQs
Why enforce via a High Court Writ?
The results from enforcement via a High Court Writ speak for themselves; payment in full can be generated on a first visit.
If you already have a Judgment, click here & upload your Judgment.
To obtain a Judgment, see information above.
A certificated High Court Enforcement Agent (‘bailiff’) will attend at the debtor’s property or business to enforce a Judgment.
The cost of transferring up the CCJ to a High Court Writ is £71, regardless of the size of the debt (as long as the CCJ is above £600).
What are the benefits of instructing a High Court Enforcement Agent?
The benefit of an agent’s visit is that it can generate options for you:
Payment in full – Best case scenario; the entire Judgment sum and High Court fees all paid
Payment plan – Agreed payment arrangement, with potential for goods to be taken into control if payments are not met
Further information obtained – Struggling to contact the debtor? Avoiding payment? Agents will be able to get alternative information – Another address? Another car?
Let’s make contact and get the debtors talking!
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