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.
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.
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.
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.
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.
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.
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.
Help is available if you are unable to pay off your debts. The government site provides some options for dealing with your debts.
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.
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.
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.
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.
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
Telephone: 0300 678 0015
Monday to Friday: 9am to 5pm
Cheapest UK phone call charges.
Court Claims - Debt Recovery - Bankruptcy Advice for United Kingdom