This section has information on making a court claim and debt recovery processes. Find advice on how to register for insolvency or bankruptcy in the United Kingdom.
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.
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.
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.
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.
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 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.
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 visits 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 bailiff or debt collector knocking on your door? Check out a simple guide explaining the role and responsibilities of bailiffs in Britain.
CHECK IF CLAIMS COMPANY IS REGISTERED: 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 COMPLAIN: 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.
HOW TO RESPOND: 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.
COURT 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.
CONTACT INSOLVENCY SERVICE: Get guidance on bankruptcy petitions and misconduct of trading. Extra details cover company insolvency in England and Wales.
Insolvency Service Contact Number
Telephone: 0300 678 0015
Monday to Friday: 9am to 5pm
Cheapest UK phone call charges.
INSOLVENCY PRACTITIONER: 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.
Court Claims - Debt Recovery - Bankruptcy Advice for the United Kingdom