County Court Claim

We will issue a County Court Claim on your behalf and in your name. In addition to the due debt the claim form will include a claim for late payment interest, Advocate’s recovery fee, the Court fee paid and solicitors costs.

The debtor has 14 days to respond from the date the claim is issued at Court. They may respond by:

  • Acknowledging the debt, in which case an additional 14 days is allowed to file a Defence
  • Admitting the debt and offering payment in full
  • Admitting the debt and offering to pay in instalments
  • Admitting part of the debt and offering part payment
  • Filing a Defence to the whole claim
  • Filing a Defence to part of the claim

In our experience it is unlikely that a debtor will file a defence at this stage. Our pre-litigation recovery processes have already provided a number of opportunities to raise a valid dispute if one existed.

Judgment

If no response is received from the Defendant after 14 days you are entitled to request a County Court Judgment (CCJ). A default judgment request is lodged at the Court that the debtor failed to respond to in the claim issued against them. The Court will enter Judgment for the total amount to be paid including any interest since the claim date, third party costs accrued in attempting recovery of the debt, solicitors costs and Court fees paid.

The Judgment will state that the full amount is forthwith payable and allows the debtor one month to make full payment. If the debtor fails to make payment this will be recorded on their credit record and subsequently will affect their credit rating.

Enforcing Judgment

County Court action is a two stage process, securing a Judgment does not guarantee that you will be paid and enforcement is often required. Whilst a successful Judgment is a step closer to recovering a debt, an informed decision is necessary to take the most appropriate enforcement action to secure payment. Enforcement options include:

  • A Warrant of Execution to instruct a County Court Bailiff or Sheriff’s Officer
  • A Writ of Fieri Facias (Latin) to instruct a High Court Enforcement Officer
  • A Charging Order over an asset owned by the debtor
  • Obtaining a Third Party Debt Order by freezing a debtor’s bank account

The team at Advocate will advise and guide you through the whole process of issuing a County Court Claim and enforcing a Judgment.

 

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Latest Recoveries

  • February 17, 2017

    7 month old debt of £7.2k collected and paid to a Norwich based Builders Merchant 6 days after Advocate receive the instruction.

  • February 16, 2017

    £5,668 recovered and paid to a Leicester based Firm of Accountants following a successful cost free to the creditor debt collection in 5 days.

  • February 15, 2017

    £18,860 and late payment charges of £927.48 recovered from a South East Borough Council following the late payment of care agency staff fees.

  • February 15, 2017

    £3,664 collected and paid to an Glasgow based Plastering Company following a successful free of charge debt recovery in just days.

  • February 13, 2017

    Insolvency proceedings result in the successful debt collection of £15,880 for a Sheffield based firm of Chartered Accountants the day before the Winding up Order was due to be granted in Court.

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