The second stage of the debt recovery process involves issuing court action against the individual or organisation that owes you money.
WHAT IS COURT ACTION?
Court action is the issuing of a claim. Some people refer to this as a summons.
HOW IS COURT ACTION ISSUED?
Court action is issued by submitting a claim form to the court. The court will then issue a claim and send a copy of the claim form to the individual or organisation that owes you money. They will have 14 days to either:
- Pay the claim in full.
- Admit the claim and put forward a proposal to pay.
- Admit part of the claim, put forward a proposal to pay and file a defence to the remainder of the claim.
- Acknowledge receipt of the claim and ask for an extra 14 days to respond.
- File a defence to the claim.
If the individual or organisation that owes you money fails to respond to the claim, you will be entitled to proceed to Stage 3 of the debt recovery process by instructing us to make an application for judgment.
DO I NEED A SOLICITOR TO ISSUE COURT ACTION?
Strictly speaking, you do not need a solicitor to issue court action. However, using a solicitor may help to avoid mistakes from being made and increase the likelihood of you getting paid.
HOW MUCH DOES IT COST TO ISSUE COURT ACTION?
We will issue court action for a fixed fee, determined by the value of the debt you are trying to recover. You can view our sliding scale of fees by downloading our Price List. The cost of issuing court action is recoverable from the individual or organisation that owes you money, subject to your claim being successful, limits on costs set by the Government and your debtor being solvent.
HOW DO I INSTRUCT YOU TO ISSUE COURT ACTION?
You can instruct us to issue court action by completing our Court Action Form and returning it to: [email protected]
HOW QUICKLY WILL YOU PROCESS MY REQUEST?
Provided that your instructions are received by 4.00pm, we will process your request same day. If your instructions are received after 4.00pm, at a weekend or on a bank holiday, we will process your request the next working day.
Please note: to access our services, you will need to open an account. You can do this by completing the form on the open an account page of our website. On receipt of your application, we will set you up as a debt recovery client and then contact you to explain what will happen next. Alternatively, for general enquires, please contact us. If you would like to speak to one of our advisors, please call: 0151 650 6908. We very much look forward to working with you.