SMALL CLAIMS COURT: As a rule, the Small Claims Court process is used informally for solving specific types of applications and misdemeanors. But, certain types of debt may ultimately get decided in a County Court.
What is a Small Claim?
Small claims are usually made for situations where the value of the claim is not higher than £3000.00.
But, the claim should not relate to road traffic accidents, severe personal injuries, slander, any property of a marriage, title to land, or legacy.
Court claims are often resolved ‘legally’ and without the need to use the services of a barrister or a solicitor.
Debt Recovery
There are several ways of recovering a debt from someone or a company that owes you money. If they refuse to pay you back, the process will depend on the size of the debt.
New rules apply to those who are planning to take legal action in the courts using the debt recovery process. You now need to prove that you are in fact owed the money. The UK legal process also requires the debt to be at least £5000.
Registering for Bankruptcy
There are alternatives to registering as bankrupt even if you have debt problems. Bankruptcy does not always need to be a permanent situation. But, you must understand the rules of insolvency before you decide what it is the best way of clearing debts.
Court Claims and Debt Guide
Apply to Make Someone Bankrupt
Making Someone Bankrupt
You can present a bankruptcy petition to the court if you are owed money. If you apply to make someone bankrupt you must now prove that a debt exists.
Collecting a Debt
There are various options to collect a debt that is owed to you. But, the action you choose to take usually depends on how much money someone owes you and whether you can prove it.
Important: Another section explains what happens if you are being made bankrupt in England or Wales and how to oppose your bankruptcy petition using Form Bank 6.
Bailiff Powers
Bailiffs’ Conduct
There are several reasons why you might want to complain about a bailiff’s conduct. Find out how to make a complaint about a bailiff in the United Kingdom.
Bailiffs Your Rights
The section explains bailiffs powers and your rights if a bailiff make a visit to your home. Find out how the law protects you and your home if an enforcement officer knocks on your door.
What is a Bailiff?
How do you know if it is a genuine bailiff or debt collector knocking on your door? Review a simple guide explaining the role and responsibilities of bailiffs in Britain.
Claims Company Registration Check
Check if Claims Company is Registered
You can use the online Authorised Business Register to check whether a claims company is registered and qualified to operate by the Claims Management Regulator.
How to Make a Complaint
There are several ways to complain about a claims management company. It will depend on whether you contact the claims company or make a complaint to the Claims Management Regulator.
Court Claims for Money
Dealing with Debt
Help is available if you are unable to pay off your debts. The government site provides some options for dealing with your debts.
Debt Payments taken from Wages
This help guide explains the rules for having a debt taken from wages, how to change the amount paid, and how to pay it off early.
Responding to a Claim for Money
What should you do if someone makes a money claim against you and says you owe them money? Find out how to respond to a court claim for money or defend it.
Statutory Demands
This section explains how to make and serve a statutory demand for the payment of a debt and how to set aside (cancel) or challenge one.
Court and Tribunal Finder
You can use the online court and tribunal finder service. The system allows you to find the right court or tribunal on the GOV.UK website.
Insolvency Services
Apply to Make Yourself Bankrupt
This help guide explains the process of applying to become bankrupt in England and Wales and what can happen to your assets (e.g. your home).
You can also get further guidance about bankruptcy petitions and misconduct of trading, including details that cover company insolvency in England and Wales.
Insolvency Service Contact Number
Email: [email protected]
Telephone: 0300 678 0015
Monday to Friday: 9am to 5pm
Cheapest UK phone call charges.
Scotland and Northern Ireland
The Accountant in Bankruptcy handles bankruptcy and insolvency in Scotland. But, contact the Northern Ireland Insolvency Service in Northern Ireland.
Insolvency Practitioners
Search the government website to find a licensed insolvency practitioner near you. You can complain about an insolvency practitioner for unprofessional case handling or unethical conduct.