The process is straightforward after an initial
discussion:
Once you have confirmed to take action the following process is
undertaken. Should a case require further advice during the process
this can be provided.
All advice provided by fully qualified Legal Executives and/or
Solicitors.
- Letter Before Action (LBA) to the debtor is issued. This will
make a demand for payment within 7 days of the date of the letter.
This letter will carry the threat of court proceedings should the
payment not be received.
- Once the 7 days are up and we have not received any payment, we
will contact you to let you know and discuss with you the next
stage in the case which may involve the issuing of court
proceedings.
- We will then prepare the claim form and have it issued at court
for you.
- The court will serve the claim form on your debtor, who will
then have the opportunity to pay the money due or defend the
claim.
- If no payment or defence (within 14/28 days) is received then
we will request the court to issue Judgment in Default (which will
effectively be a CCJ). This again will be served on the debtor by
the court. We will also send a letter to the debtor and urge him to
pay within 28 days of the date of the Judgment in order to ensure
that the Judgment against him is then removed from the
register.
- If the debtor does not pay at this stage then we will advise
you on enforcing that debt and the options available to you. See
the Enforcement section for further details.
Alternatively you may wish to consider bankruptcy or winding up
proceedings. We can prepare such action by preparing a statutory
demand for a fixed fee of £100 plus VAT. This will then need to be
served on the debtor by a process server who will charge separately
(circa £150 plus VAT).
