Legal Recoveries & Enforcement

Pre-Action Protocol for Debt Claims (October 2017)

Prior to commencement of court action against a sole trader or an individual we are obligated to send a letter before claim (LBC) under the Debt Recovery Pre-Action Protocol.

The LBC must give the debtor 30 days to respond to the claim and includes an information form, reply form and a detailed income and expenditure form for completion and return.

If after 30 days there has been no communication or payment we would then seek your instructions for LRC to commence court proceedings through the Claims Production Centre through which claims that fit the relevant criteria are issued electronically and guaranteed to be issued and served upon the debtor within 48 hours.

THE PRE-ACTION PROTOCOL DOES NOT APPLY TO COMMERCIAL DEBTS

Why Choose Specialist Debt Solicitors?

When an unpaid invoice escalates into formal legal action, having dedicated debt solicitors and debt lawyers on your side makes a measurable difference. Our SRA-regulated team handles every stage in-house—from issuing Letters Before Action and County Court Claims to transferring high-value judgments to the High Court for swift enforcement.

Unlike collection-only agencies, we combine front-end negotiation skills with the authority of qualified solicitors. That means you benefit from:

  • Legally compliant pre-action protocols that protect your reputation.
  • Accurate advice on Late-Payment interest, statutory costs and CCJ registration.
  • Direct access to enforcement options such as attachment of earnings, charging orders and High Court Writs—all managed by the same legal team.

Whether you are pursuing a single large balance or rolling recoveries across multiple debtors, our solicitor-led approach delivers faster resolutions, higher recovery rates and full cost transparency. Talk to our debt solicitors today to secure your outstanding judgments without delay.

County Court Judgment (CCJ) Enforcement: Turn a Judgment into Cash

  • Assessment & advice – We review your CCJ, debtor assets and the six-year limitation window to select the fastest, most cost-effective enforcement route. Where appropriate, we add the statutory 8% judgment interest to maximise recovery.
  • High Court transfer – For judgments over £600, we can up-transfer to the High Court within 48 hours and issue a Writ of Control. Authorised High Court Enforcement Officers can seize goods, freeze bank accounts or secure repayment plans on the doorstep – often prompting same-day settlement.
  • Alternative enforcement – Where assets are hidden or the debtor is evasive, we deploy Charging Orders, Third-Party Debt Orders or Attachment of Earnings against salaries or pension income. Every tactic is managed in-house by SRA-regulated solicitors, so momentum is never lost.
  • Transparent fees – Our fixed enforcement costs are recoverable from the debtor wherever possible, protecting your cash flow. You’ll receive live updates via Debt Manager and a dedicated case handler from instruction to final payment.

Ready to turn your CCJ into cleared funds? Contact our CCJ Enforcement team today for a free, no-obligation assessment.

Legal Collections – Issuing your Claim and enforcement methods

Once court proceedings have started, the legal process is the same for individual and commercial debts up to and including Judgment.  Enforcement choices vary depending on your debtor type and the value.

Upon receipt of the claim the court will issue a Claim Form and serve this and an accompanying Response Pack on the debtor who has 14 days to respond. The debtor can either do nothing, defend the claim or admit the debt.

If the claim is defended, we can represent you throughout the process.

If the claim is ignored, we can request the court to enter Judgment. Once Judgment is obtained it will be registered upon the Register of Judgments, Orders and Fines and as such it is a public record.   The credit reference agencies will check the Register and any Judgments obtained will be added to that person’s credit file where it will remain for 6 years unless it is paid within the first month.  The entry of a judgment can affect someone’s ability to obtain credit.

If there is no payment offer or contact from a debtor once Judgment has been obtained there are a number of enforcements methods, we can use to recover the money and LRC’s legal team will advise you which one is appropriate.

 

The most common types of enforcements we use are:

1. High Court Enforcement Agent (HCEA)/County Court Bailiff

The HCEA is formally instructed under a Writ of Control for debts of £600 and above which allows the HCEA to attend at someone’s property (whether residential or commercial) for the purposes of recovering the debt in full.   If the HCEA is unable to obtain full payment it may seek to obtain a payment arrangement or, alternatively, seek to levy on goods to the value of the debt which could be uplifted and sold at public auction to satisfy the debt in full and all recoverable HCEA charges and additional interest.

LRC will instruct the County Court bailiff for debts up to a value £600 where appropriate. Court bailiffs work in a similar manner to the HCEA in terms of attending at a debtor’s property for the purposes of obtaining full or part payment and/or attempting to levy on goods to the value of the debt.

2. Attachment of Earnings

This is where the court initially orders the debtor to produce proof of income in the form of 6-8 weeks of salary slips and to complete a financial questionnaire and once received the court will make an order that the debtor repays the debt at a fixed sum per month.  If the debtor fails to respond to the court or breaks the payment arrangement ordered by the court, the court will then write to the debtor’s employer to provide information about the debtor.  The employer will then be ordered to deduct money directly from employee’s wages until such time as the debt, costs and interest are paid in full.  This is a very effective method if your debtor is in full time employment.  Should an employer choose to ignore the court then it could be liable for a fine or a short term of imprisonment.

3. Charging Order

If the debtor owns property either individually or jointly, an application can be made to the court for a charge (similar to mortgage) to be obtained.  If a charging order is granted then this is registered at HM Land Registry to be added to the property so that in the event of a sale or remortgage you are notified and ordinarily you would recover the amount claimed under the charging order together with continuing accruing interest.

4. Third Party Debt Orders

These cover the situation where the court may order that you are paid directly from an independent third party such as a bank, building society or trade debtor who holds or owes money for or to your debtor.

5. Debtor to Attend Court for Questioning

This is an order for the debtor to attend court and be questioned under oath about their financial circumstances.  The order, once issued by the court, must be personally served upon the debtor.  The debtor will be expected to attend court with any documentation that may be required such as proof of income, outgoings, and assets. This process is more of a fact-finding process to assist in making an informed decision as to the most appropriate method of enforcement where other information about a debtor may not be available.

LRC can help you with insolvency actions including Statutory Demands, Bankruptcy Petitions and Winding Up Petitions as well as Possession Orders and Return of Goods claims.

Download Our Legal Recoveries & Enforcement Guide

Gain a deeper understanding of the legal recovery and enforcement process with our comprehensive guide. This downloadable resource outlines effective strategies for enforcing judgments and recovering debts through legal means. Click below to access your free guide and take control of your debt recovery journey today.

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Frequently Asked Questions

What is the Legal Recoveries & Enforcement process?

The Legal Recoveries & Enforcement process takes place after pre-legal attempts to recover the debt have been unsuccessful. It involves formal legal action beginning with the issuance of a Letter Before Claim (LBC) as required by the UK Debt Recovery Pre-Action Protocol. This letter gives the debtor 30 days to respond with payment or representations, including completion of an information form and an income and expenditure form. If the debtor does not respond or pay within this time, a claim is then issued through the County Court system. At this stage, a County Court Judgment (CCJ) may be granted against the debtor, which can be enforced through various legal mechanisms such as bailiffs or court orders.

What happens after the 30-day Letter Before Claim expires without a response?

If the debtor fails to communicate or make payment within 30 days of receiving the Letter Before Claim, Legal Recoveries & Collections (LRC) will seek the client’s instruction to commence court proceedings. The claim will be electronically issued through the Claims Production Centre, ensuring it is served on the debtor within 48 hours. Once the court proceedings are underway, the debtor must respond in 14 days. If they do not respond, LRC will request a default County Court Judgment. A CCJ formalises the debt and allows LRC to pursue enforcement actions to recover the outstanding amount.

What enforcement options are available once a County Court Judgment is obtained?

Once a CCJ is granted, several enforcement options exist to recover the debt. LRC can engage County Court bailiffs for smaller debts or High Court Enforcement Officers (HCEOs) for debts over £600. Bailiffs may visit the debtor’s premises to seize goods which can be sold to cover the debt. Other enforcement tools include attachment of earnings orders (deduction from wages), charging orders (a legal charge on property), and in some cases, insolvency proceedings such as bankruptcy or winding-up petitions. LRC assesses each case individually to recommend the most appropriate enforcement route based on the debtor’s circumstances.

How long does the Legal Enforcements process typically take?

The length of the enforcement process varies depending on factors such as the debtor’s willingness to pay, the complexity of the case, and type of enforcement used. After the initial 30-day Letter Before Claim period, court proceedings can be issued within a week if instructed. Obtaining a CCJ generally takes a few weeks if uncontested. Enforcement actions may add further time—bailiff visits and asset sales can take several weeks to months. LRC keeps clients fully informed throughout this period and strives to expedite the recovery while ensuring all legal protocols are followed.

Can the costs of legal recoveries and enforcement be reclaimed from the debtor?

Yes, in most business-to-business cases the creditor can claim interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. Legal fees, court costs, and enforcement fees may be added to the total debt if recoverable. LRC will advise clients on their eligibility to recover these costs and ensures all charges and fees are transparent. For consumer debts, the recovery of costs is more regulated and handled carefully to comply with consumer protection laws and avoid unfair practices.

What information is needed to start legal recovery proceedings?

To begin legal recovery, LRC will require a full breakdown of the debt, including copies of invoices, contracts, statements, delivery notes, and any written agreements with the debtor. A record of all previous communications, including pre-legal letters and responses, is essential. If any part of the debt is disputed, clear details and supporting evidence help to strengthen your case. For enforcement recommendations, additional information such as known assets, employment details, or property ownership is also valuable. Providing complete and accurate documentation at the outset allows LRC to prepare a robust claim, increasing the likelihood of swift judgment and successful enforcement.

How does LRC decide which enforcement route to use?

LRC assesses a range of factors before recommending an enforcement option. This includes the size of the debt, the debtor’s financial position, known assets, employment status, and responsiveness to previous contact. For example, if a debtor has a steady income, an attachment of earnings order may be appropriate, whereas a debtor with significant property holdings might require a charging order. LRC’s team draws on experience, legal knowledge, and tracing resources to match the method of enforcement to the highest probability of recovery—always seeking to balance effectiveness with cost and proportionality.

What happens if a debtor still refuses to pay after enforcement starts?

If a debtor resists payment even after enforcement action has begun, further legal avenues may be pursued. This might include repeated bailiff visits, applying for an order to obtain financial information directly from the debtor, or escalating the matter to insolvency proceedings such as bankruptcy (for individuals) or winding-up petitions (for companies). LRC will keep you updated at every stage, explain the additional costs and timelines, and ensure any escalations are proportionate to the amount owed. In some situations, persistent enforcement also encourages debtors to engage, avoiding the need for more drastic measures.

Does a CCJ affect a debtor’s credit rating?

Yes. Once a County Court Judgment is entered, it is recorded on the Register of Judgments, Orders and Fines, and passed to credit reference agencies. This entry stays on the debtor’s credit file for six years unless the debt is paid in full within 30 days of judgment. A CCJ can severely impact an individual’s or business’s ability to obtain credit, mortgages, or supplier accounts. That’s why the threat of a CCJ can be a strong motivator for payment, and why many debtors choose to resolve the debt before judgment is entered.

Can LRC handle both UK and international enforcement cases?

Yes. LRC primarily operates within the UK legal framework but also has established links with trusted international partners for overseas recoveries. Cross-border cases involve additional complexity, as enforcement depends on reciprocal agreements between countries and local court procedures. LRC will assess jurisdictional issues, review the enforceability of any judgment abroad, and coordinate with foreign agents or legal teams to recover debts outside the UK. In such cases, clients are given a clear outline of costs, timescales, and success likelihood before proceeding.

Get in Touch with Us

If you have any questions about our service or would like to discuss your matters with us in greater detail, please contact the Business Development Team on 0330 024 6342