If no response is received to our letter of claim you are entitled to issue Court proceedings to recover your debt plus any interest and fixed costs. We will prepare all of the necessary paperwork and send it to you for signature. At that stage a Court fee is payable calculated on a scale depending upon the size of the debt.
Please view our flowchart for more information on the process.
After the issue of Court proceedings, the claim will either be dealt with as an undisputed or disputed claim subject to how the debtor responds.
Undisputed Claims
If the debtor fails to respond and the debt remains unpaid after service of the Court proceedings, judgment may be entered and enforcement action taken for your debt, interest and fixed costs. Alternatively, the debtor may respond by offering to pay the debt by instalments. You then have the option of accepting the offer, in which case judgment would be entered in those terms, or rejecting the offer made in which case the Court will determine the judgment terms.
Disputed Claims
If the debtor disputes the claim it is necessary for the Court to settle the dispute at a final hearing. In order to streamline the process of dealing with claims the Court has set up a system so that a claim is allocated to a category called a \''track\''. The tracks depend on the amount being claimed and the complexity of the case and dictate the way in which the claim is handled by the Court.
The tracks available are :
SMALL CLAIMS
FAST TRACKS
MULTI-TRACK
Our team are happy to discuss disputed claims in more detail with you at the initial consultation.
Please use the icons below for more information.
