Court Action using a Conditional Fee Agreement (CFA).

If the debt is over £5,000, and does not pass the risk assessment required for a winding up order, but passes the risk assessment for a CFA, then we can produced under a CFA through the county courts.

Examples of suitable cases could be that the debtor has raised a defence, which we regard as unlikely to succeed, or where there is an argument over procedure.

Proceedings are drawn up by us, or counsel if required, and a summons is issued in a county court.  From the time that proceedings are issued, the debtor has a very limited time to fully ‘plead’ his defence, forcing them to commit themselves to a certain line of argument.

Post Summons:

If the debtor does not enter a defence to the summons, we ask the court to enter the judgement for the debt, interest, and our costs.

If a defence is filed, we can ask the court for ‘summary judgement’; which is asking the court to judge the defence as having no chance of sucess.  The court will order a hearing to examine the defence; and if it concludes that it is spurious it will enter judgement for the debt, interest, and costs.

If the debtor puts up a defence which is not spurious, or if the court disagrees with our judgement that the defence is weak and refuses to give judgement, then the case is transferred to our litigation department, who continue the case under the CFA agreement.

The court will arrange a date for a trial and our litigation department will prepare the case.  It is essential that you provide us with all the relevant documentation we need for the preparations.

If you would like further information about our servcies, call the debt department now on 01695 722 222 or use the quick enquiry form.