Paralegal work for Defended County Court Debt Collection Claims 

When the person or company owing you money receives your debt collection Claim, they may not accept all or part of it and may issue a Defence

As mentioned elsewhere, a disputed debt is a non-debt. It is wise to try and avoid a dispute by putting forward a strong debt collection Claim in the first place and by performing the correct Debt Collection Litigation Pre-Action Protocol.

Despite your best efforts, a debt collection claim may still be disputed for one or several reasons as described in the section “Why County Court Debt Collection Claims are defended” below.

We are Paralegals but not Solicitors and so cannot represent you in Court. Indeed, we recommend that you obtain independent legal advice as to the likelihood of the success of your claim in light of the defence put forward by your debtor. 

What we can do is assist you in research and in marshalling and putting documents into good order. Our Paralegal Services team does this thoroughly and professionally and for a reasonable hourly fee. 
 

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form”.  

 

 

Why County Court Debt Collection Claims are defended

As described above, sometimes the debtor puts forward a defence against your Debt Collection Claim and this may take the form of disputing part or all of the claim.  The debtor may also issue their own Counterclaim

When your debt collection claim is wholly rejected, a reason commonly given is the non-provision of any of the goods or services covered by the claim and consequently the debtor rejects any obligation to pay any of the relevant invoice or invoices. If the claimant is able to supply watertight proof of delivery, the defence normally fails and the claimant can apply to “strike out the defence” which will result in judgement being given in favour of the claimant.

When your debt collection claim is partly rejected, the reason given may be quite simple as when, for example, it is alleged that the final delivery in a series of deliveries covered by the debt collection claim failed to occur.   In such a scenario, the claimant should be able to produce valid proof of such a delivery in the form of a signed delivery/despatch note, for example. 

However, when your debt collection claim is partly rejected, the reason given may also be more complicated and less cut-and-dried. For example, the debtor may state that they ordered machinery purported to produce 180 items per hour for 16 hours per day and said machinery duly arrived. The debtor may go on to state that the machinery only produced 120 items per hour for 11 hours per day before it started overheating or screeching. The debtor then unilaterally decides to give himself a discount to reflect the allegedly lower specification of the machinery and, thus, the reduced volume of production (and, hence, possible sales turnover) enabled by the machinery.  It is obvious that such a scenario can and does open a can of worms as the claimant may dispute the alleged actual level of production or may stipulate that certain conditions must be fulfilled by the purchaser to achieve the advertised and expected production capacity.   Independent expert witnesses may even be needed later e.g. IT specialists, engineers, scientists and so on. 

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form”. 

 

Defended County Court Debt Collection Claims - Directions Questionnaire

When your debtor puts forth any kind of defence to your debt collection claim, the Court will send you a copy of the defence .  The Court will also send both you and the debtor a Directions Questionnaire to be completed and then sent to the Court. A copy of this completed Directions Questionnaire must be sent by the claimant to the debtor and vice versa. 

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form”.

 

 

Debt Collection Mediation proposed by the Court  

At the time of completion of the Directions Questionnaire, both the claimant and the debtor are asked whether they would consider Debt Collection Mediation. Courts expect every effort to be made to avoid lengthy legal proceedings and strongly recommend Debt Collection Mediation.  Here too we are able to help our clients as we have wide-ranging experience in this area. 

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form". 

 

 

Paralegal work for the Final Hearing of a Defended County Court Debt Collection Claim

The time will come for a Final Hearing where barristers, the Judge and expert witnesses (if needed) take over. However, our Paralegal Services team can lighten your load by preparing all the necessary documents and sending them to Court on your behalf as well as sending them to your debtor. 

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form”.   

 

 

Call upon our Paralegal Services team when your debt collection claim is defended

Our Paralegal Services team are experienced in selecting, preparing and thoroughly checking documentation submitted for Debt Collection legal action, from Pre-Action Protocol to the Claim proper and to robustly strengthening your debt collection claim in the face  of a defence put forward by the debtor.

Avoid mistakes, big and small, which will get your case dismissed or will unintentionally bolster the defence of the debtor.

Instruct us to be your agent by just sending us this simple “Submit Paralegal work for Defended County Court Debt Collection Claim Form”.