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.
Issuing A Claim / CCJ
Get Back The Lion's Share
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
An individual debtor has 30 days from the date of the letter before action to respond. A debtor company has 14 days to respond.
If a debtor does not respond at all we can commence Court proceedings against them on your behalf.
If a debtor wants to negotiate but any agreement fails, we will need to provide the debtor with 14 days notice of our intention to start Court proceedings on your behalf
Judgment is obtained and enforcement options are discussed, if the debtor fails to make payment.
Court proceedings & costs
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 they receive it.
If a Defence is filed, we will assess the strength of the claim and provide you with an indication of the costs likely to be incurred. At that point we will also advise you as to the prospects of success of the Defence and your claim.
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.
To issue a claim in the County Court:
- The above is the Court fee plus our fees for issuing the claim.
- If the matter is opposed by a Defendant, there is additional work to be carried out therefore our fees will be charged at solicitor’s hourly charging rate.
- To issue a CC Judgment our fee will range between £22.00- £70.00 depending on the value of the debt.
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 £66, regardless of the size of the debt (as long as the CCJ is above £600).
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!