Disputes & Litigation

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Debt Recovery

You will probably have heard the excuse "the cheque is in the post". It may be that you do receive payment. However, if you do not, what can you do?

It may be that you are owed monies for goods supplied, or for services rendered, or for the repayment of a loan.

In all cases, you want to be repaid as quickly as possible.

In these circumstances, it is important to have legal advice before taking any action.

A formal Letter of Claim should ordinarily be prepared, before any proceeding are commenced.

It may be that you decide to commence county court proceedings, in an attempt to recover these monies. Expert legal advice may be required in respect of these proceedings.

In the event that the amount in dispute is £5,000 or less, frequently, the claim is likely to be allocated to the Small Claims Track. For claims that are likely to be allocated to, or have already been allocated to, the Small Claims Track, it may be that the party is able to conduct the claim themselves (with some legal assistance and information).

However, for claims which are allocated to the Fast Track or Multi Track, legal advice is essential.

Legal advice is often required in respect of enforcing any judgment i.e. recovering the debt. This could include applying to compel one party to attend Court for questioning, applying for a charge against a person’s property and ultimately bankruptcy.

Philip Harrison, based at our Nantwich Office, is Head of the Debt Recovery team.