Debt Collection Litigation

Pre-Action Protocol

The courts expect you to be seen to trying to resolve the dispute before it gets to court, for this reason, the claim must be clear and information which is relevant being submitted to the debtor. We at UK-Debt Collection collate the information for you and as your paralegal, ensure details are submitted to clearly state your case, often debts are settled at or during pre-action protocol when your debtor sees the details of your claim and the evidence you intend to use at court.

Issue of Claim Form

The issue of the claim form is a notification to the debtor that you are confident of your facts and intend to allow a 3rd party to examine your facts and come to a decision, on receipt of the claim form the debtor will realise you’re serious about the collection of the debt and prepared to put your money behind your view of the debt, it becomes a notification to debtors that you are not prepared to just ignore debtors who don’t keep to their contractual agreements.

Request for Judgement

All too often the debtor ignores the claim forms and has no intention of arguing their view in court. After just 21 days of issuing the claim form, if the debtor has not responded in defence a judgement can be claimed in default with an order from the Judge stated: “Order to Pay”.

Disputed Debts

The debtor is given the opportunity to defend the case and is asked to put forward his dispute to the claim. Once you receive the debtor’s dispute you have a choice of accepting their points or rejecting them and allowing a judge to read the claim and the dispute to the claim in the judge’s chambers. The Judge will give an opinion and an order based on his opinion.

Litigation Debt Collection

Litigation is a broad term used to encompass the multitude of legal forms involved in debt collection. We at UK-Debt Collection will act as your paralegal, organising these forms on your behalf so all you need to do is sign and submit the forms to the court. UK-Debt Collection takes the hassle and stress out of the legal process on your behalf.

There are two reasons to proceed down this route, sometimes, when you have tried your absolute best in trying to settle a debt out of court, there comes a time when you have to bite the bullet and start the procedure of Litigation. The other is when a debt is disputed, the only way forward is to start Litigation. If successful, litigation will result in a judgement in your favour, ordering your debtor to pay your debt. To view merely about disputed debts please visit our Litigation – Disputed Debts page.

We work as your paralegals on a strictly time basis.We type out documentation and issue them for your signature and submission to court in your name. At all times you remain firmly in control, you are the litigant in person.

BREAKDOWN OF SERVICES

Pre-Action Protocol

These are the documents you must send before attempting to take your debtor to court. If these are not sent, your case may be dismissed.

Notice of Issue

A letter sent to your debtor to forewarn them of the impending legal action you are willing to take if they do not pay.

Issue of a Claim Form

Your claim has been submitted to the Courts and your debtor has been notified that proceedings have begun.

Service of Documents

Your debtor has been given the proceeding papers once their identity has been confirmed.

Debt Dispute Resolution

An impartial third party who will talk to each party separately to come to a final resolution without going to the courts. This may be suggested by either party and can often be cheaper than taking someone to court.

Admission

Admission is the period of time which allows the debtor to choose to accept or deny the charge brought against them.

Acknowledgement of Service

A form the debtor can return to the courts to say they are aware they have been served. This allows them a further 14 days to file a plea.

Request for Judgement

When the debtor has defaulted, the creditor can proceed with the case and request that the Judge make their Judgement even without a plea from the debtor.

Disputed Debts

Where a debtor has decided to raise a defence or a counterclaim against the creditor.

Defence and Counterclaim

Your debtor has filed a rebuttal claim against you or has raised a defence with the court to the original charge.

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Telephone: 0845 200 4598

Fax: 020 3137 7780