Asking other parties to settle their debt—whether due to a business deal that fell through or an unfulfilled service—can be a complicated transaction. Some cases have been resolved conveniently, but it can be generally frustrating to deal with parties who insist on delaying or foregoing their debt.
In severe cases, the practical way of settling a situation with a non-paying debtor is a legal action, especially if they have ignored or disregarded your previous attempts at resolution.
Civil Mediation
Civil mediation, though technically uninvolved with the justice system, provides a cost-efficient alternative to hiring solicitors or immediately resorting to legal action. In mediation, a neutral party attempts to find a compromise and resolution in the dispute between creditor and debtor.
The advantage of civil mediation lies in the mediators’ expertise in case information and related laws, allowing both parties to find the most mutually beneficial decision for each other. Because it is a voluntary process, it is especially useful in situations where both parties understand the need to deal with each other but are uncertain about the terms and most feasible options.
You can enlist the help of licensed civil mediators if your debtor is willing to work with you in settling a peaceable agreement. Once both parties agree to a contract, it becomes legally binding. Failure to abide by the terms of the contract will necessitate the implementation of consequences stipulated in the contract.
Small Claims and County Court Judgements
If your debtor is unwilling to reach an agreement with you despite the certainty that you are owed money, you can proceed to make a small court claim. The county court claim is useful if you have exhausted your means like verbal negotiation and civil mediation, and your debtor still chooses to ignore their debt.
In the county court judgement process, you start by making a claim online or by mail, which will then be processed by the County Court Money Claims Centre (CCMCC). Making a claim involves paying a fee, so make sure that the amount owed to you by the debtor is worth the cost of bringing it to court. The claim letter will reach your debtor, which will explain payment details like amount, method and deadline. They are obligated to respond to your claim.
If the debtor disregards your claim, you can ask the court for their judgement, and they can order your debtor to pay. Failure to do so will result in additional fees and fines, and in severe cases, they will experience enforcement services such as bailiff action or charging orders.
Though the small claims process is straightforward, debtors can still disagree with your claim if they feel it is unreasonable and unnecessary. In those cases, court hearings are necessary to finalise the claim.
Law Consultancy and Assistance
At MS Webb, we offer bailiff and security services for clients looking to work with legal assistance providers for a variety of difficult cases and situations. We have over 25 years of experience in law enforcement and case resolution, helping clients find legal and efficient ways to deal with troubles regarding property and finances. Our specialities include services like property repossession, location, arrears recovery, security and clearance. With MS Webb, you are sure to find a quick and legal resolution to your troubles.
Get professional and legal help now. Call us on 0844 544 4804 or send us a message at https://mswebb.co.uk/contact-us/.