Mercian Law Limited

County Court

RECOVERING A DEBT THROUGH THE COUNTY COURT

Stage One – Starting the Claim

On your behalf we will complete a claim form (N1), and send this to the debtor’s local county court (in triplicate) and a cheque for the court fee, which you will have paid to us in advance along with our costs.  Click here for our fees

Alternatively, if your letter before action hasn’t resulted in payment being received and your debt is undisputed you may want to try issuing a Statutory Demand on our fixed fee, before you incur a court fee.

Stage Two – Obtaining a County Court Judgement (CCJ)

Once we have issued the claim the court will serve the debtor by 1st class post.  The debtor will have 14 days to reply after receiving the claim form.

Within the 14 days we will receive a form from the court an N205A.  This form will give us the date the debtor was served with the claim.  If the debtor then pays we will seek instruction to discontinue the claim.  If the debtor fails to pay or defend the claim, within 14 days from the date stated on the N205A we will apply to the court for judgement in default.

Obtaining a judgement confirms that the debt is valid and owed.  Just obtaining a judgement will not always ensure the debtor pays.  If the debtor fails to pay the debt or come to an agreement with you for the outstanding money you will have to commence Enforcement Action.

The debtor will have 28 days from the date of judgement to pay the debt before the debt is registered.  The debt is registered at Registry Trust Limited.  Click here for our fees

Stage Three – Enforcement Action

What you can do once judgement is obtained.

Before incurring further court fees on enforcement action it is advisable to check out the debtor’s financial position again.  This will involve checking if the debtor has previous CCJ’s, you can send a cheque for £4.50 to Registry Trust Limited.  This is something we can do for you if requested.  If the debtor is a company you can check at Companies House if there are any pending winding up petitions or applications to strike the debtor from the register.

Enforcement of a judgement is a method of gaining payment from the debtor that still hasn’t paid, continues to ignore correspondence, can pay you but refuses to pay.

Click here for further information on the various methods of enforcement.  Click here for our fees

TRANSFER OF PROCEEDINGS

Transfer of county court proceedings to another county court for enforcement

The creditor or debtor must make an application to the court were the case originated in writing.  These requests are almost always granted unless the judge orders otherwise.  Once the matter has been transferred, the court will give notice of the transfer to all parties in the proceedings.

These requests are usually made because the enforcement action has to be undertaken by the debtors local court.  Mercian Law always try and issue in the defendants local court to prevent the cost of applying to transfer the claim.

Transfer of claim from County Court to the High Court

The transfer of a county court judgment to the High Court for enforcement is to enable you to use the services of a High Court enforcement agent.  The first step will be for Mercian Law to make an application in writing to the county court for a certificate of judgment.  The certificate is required to enforce the judgment in the High Court and also stating that you intend to enforce the order by execution against goods.

The court will not issue a Certificate of Judgment if one of the following is pending: