If after following the pre-action protocol (and submitting a Letter of Claim) or after issuing a statutory demand, the debtor has still neither paid the debt that is due nor negotiated a repayment plan (or responded at all), then the next option would be to issue a County Court claim against the debtor.
The debtor will then have 14 days in which to respond to the Court (i.e. acknowledging service of the claim and notifying the Court whether they intend to contest the debt or not).
What is the Court fee for issuing a debt claim?
The costs of issuing a court claim vary depending on the amount of debt that you are claiming. The court fee varies from £35 up to a maximum of £10,000.
|Debt owed (plus interest)||Court Fee|
|Up to £300||£35|
|£300.01 to £500||£50|
|£500.01 to £1,000||£70|
|£1,000.01 to £1,500||£80|
|£1,500.01 to £3,000||£115|
|£3,000.01 to £5,000||£205|
|£5,000.01 to £10,000||£455|
|£10,000.01 to £200,000||5% of the value of the claim|
|More than £200,000||£10,000|
If you get judgment in default or win your claim, the general rule on costs is that the unsuccessful party pays the costs of the successful party. If you are the successful party we will attempt to recover the Court fee and a contribution for your legal costs from the unsuccessful party.
What if the debtor ignores the claim?
If a debtor has continually ignored your invoices, and has not responded to the Claim Form and Particulars of Claim that we would have filed on your behalf, then we would normally recommend that you instruct us to seek that judgment be entered against them in default.
How we can help you
Our team is made of highly experienced and tough negotiators that will fight to get the best results for our clients. We have years of experience of negotiating with creditors and debtors alike from large multi-million pound cases to smaller matters with equally large consequences for the person involved.
We represent you at Debt Recovery Court Hearings
Although we are based in the legal heart of London, operating as the only law firm based in the historic Middle Temple Chambers (Inns of Court), we provide comprehensive nationwide coverage to represent you at any debt recovery hearing at any Court. Our team of solicitors and barristers will prepare the Claim Form and Particulars of Claim for you.
We will represent you at the debt recovery hearing and will provide our own barristers or external local counsel to any hearing across the country.
Not based in London? We provide nationwide representation
That does not matter, we will represent you no matter where you are based in England or Wales.
If you contact us through our contact form, by email or by phone, one of our debt recovery team members will contact you by phone to discuss your matter and assess whether we can help you.
If we can, we will arrange a conference with a senior member of our debt recovery team. This meeting will take place either in person or using our telephone conference facilities or via Skype if you prefer. Therefore, no matter where you are based in England or Wales we can represent you.
Instruct Specialist Debt Recovery Lawyers
We are a specialist City of London law firm made up of Solicitors & Barristers and based in the Middle Temple Inns of Court adjacent to the Royal Courts of Justice. We are experts in dealing with matters surrounding insolvency in particular issues. Our team have unparalleled experience at serving statutory demands, negotiating with debtors/creditors, setting aside statutory demands and both issuing and defending winding up petitions vigorously at the Royal Courts of Justice (Rolls Building), or the relevant High Court District Registry or County Court with jurisdiction under the Insolvency Rules.