Legal Debt Recovery Action
Legal Debt Recovery Action
Sometimes and especially for contentious debt recovery, legal action can be the only way forward.
If you are owed money yet the person who owed it is disputing they do, it is sometimes better to have the debt ratified by a court of law. This course of action can be timely and expensive but it will bear fruit if your debt is unrefutably owed.
There are pre-requisites and pre-action protocols that need to be considered before progressing down this route.
A few things you should ask yourself is does the debtor actually have the ability to pay. If you are not sure, then it is always advisable to get a pre-sue report.
This will enable you to ensure that the course of legal action is going to be cost-effective. If you know that your debtor has the means to pay then this is not an issue.
Issuing a Letter of claim
A letter of claim is the pre cursor to issuing an actual claim form to the court.
It outlines the principal sum you are claiming and the reasons for your claim. It is quite similar to a claim form in which you must state the particulars of claim.
It must be factually correct and is the prerequisite to legal action. It gives the matter the opportunity to be settled outside the court process.
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Issuing a Claim via the County Court
A claim can be issued at Court against either a Business or a private individual. A claim form must be completed, including particulars of the claim along with details of the debt owing. These documents can then filed at the Court along with an issue fee.
Once a claim has been issued, the Court will serve it on the debtor, who will then be required to acknowledge the claim within 14 days and to respond fully within 28 days.
Unless the debtor admits the whole of the claim, a defence must be filed, alongside which the debtor can make a counterclaim. The Court will then provide directions through to trial, which will include the claim being allocated to the appropriate track.
If your claim is for less than £10,000, it is usually allocated to the small claims track. It is very likely that only court fees and fixed costs can be added to the principle sum owed to you.
Assistance with Legal Debt Recovery Action
At Legal & Trade, we can help with progressing your case. Firstly, we can draft, prepare and serve a letter on your behalf. This is done by a qualified Legal Professional on your behalf for a nominal fixed cost. A solicitor can charge in excess of £250 per hour to provide such services.
Then there is the claim form. We can assist with this process also for a small fixed fee. Your claim will be technically sound and we can prepare your case bundle for submission at court and all for a fixed fee. No fee earning and no hidden fees, just straight forward no-nonsense Legal Debt Recovery.
If the debtor decides to dispute the case, you may be required to attend a court hearing. The Court may also offer you ADR – Alternative dispute resolution to resolve your claim.
The Legal Administration fees depend on the value of your debt and the complexities involved. Every Debt we deal with is given a bespoke approach, on a case by case basis.
Legal Debt Recovery – Instruct Us Now
Speak to one of our friendly team today for FREE advice.
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