FAQs

Making a claim in a County Court and obtaining County Court Judgment (CCJ) against your debtor will not guarantee that you get the money that is owed to you. However, if you don't obtain a CCJ, then your debt is at risk due to 'The Statute of Limitations' on commercial and consumer debt, which is six years.

If you have obtained a CCJ, then there is no 'Statute of Limitations', and you can enforce the judgment at any time in the future. It might be that the debtor's circumstances have improved and therefore it would become easier to collect.

When applying for a County Court Judgment (CCJ), there are set Court Fees depending on the value of the debt, plus any interest and additional costs that you are claiming. 

How much are the Court Fees?

How can we help?

We at Town & Country Legal Services are experts in Litigation and work with some of the best Litigation Solicitors in the country in order to recover you your money. We are typically significantly cheaper than using high-street solicitors, whose sole aim is to make as much money from you as possible. However, we firmly believe that we only wish to make money, in the event that you do, which is why we work on a "No Collection, No Commission" basis. 

Applying to obtain CCJ's are not the easiest task and if done incorrectly, can result in being charged up to £10,000. Let the experts help and we can take care of this for you. 

If you wish to enquire about our costs to assist you, then please call us on 01883 21 21 21.

When a CCJ remains unsettled, there are various methods of enforcement that can be pursued - please see below:

• Attachment of Earnings Order
• Charging Order
• High Court Enforcement 
• Third Party Debt Order

We have dedicated web-pages to all of the above services we offer, please check out our CCJ page for more information. 

We have traced thousands of debtors for all sorts of different businesses and individuals. Be it overdue payments, missing tenants, CSA tracing and much more. We have experience with many differing situations. So you can be assured that Town and Country Legal Services LLP is the right company to choose to find your missing debtors.

If you are trying to trace a debtor, we know that there are a whole host of online tracing services that, more often than not, offer confusing or out of date results.

Our searches are more comprehensive and more cost effective than your 'paid for' online services. Online facilities might seem like a brilliant way of tracing your debtor, however the reality is that you want a delicate situation such as this, to be conducted by a real person.

Please note that Kevin Bishop is a full member of The Association of British Investigators which has been upholding professional standards for over a century.

Finding a debtor is a complicated and time consuming process and in our professional opinion it is best done covertly. We feel that finding debtors is a task to be undertaken by trained, licensed and experienced professionals.

Below are some of the services we offer in this field.

Surveillance
We undertake surveillance duties locally ourselves, and work with fellow members of the Association of British Investigators on a national and international basis. The association works to a strict Code of Ethics and Professional Standards.

All members are committed to treat information with which they are entrusted during the course of their business with respect and access or disclose it only for the purposes for which it is intended.

The Association has developed good relationships with the Police Service, The Information Commissioners Office, The Security Industry Authority, The DVLA and other government bodies.

Tracing
At Town and Country we provide a premium, nationwide tracing service which identifies and locates individuals quickly and efficiently. This means that we are able to provide you with invaluable information that will enable you or your company to pursue debtors further and/or reclaim outstanding monies owed for goods and services.

Companies often write off considerable amounts owed to them due to debtors moving on to another address and/or leaving no forwarding contact details. We have direct links to an extensive range of databases, which in conjunction with our field agents enquiries, enable us to trace individuals that are seemingly unreachable.

We always maintain a fully compliant approach to all trace enquiries and deal with individual requests, as well as large portfolios. Our highly trained team and field agents are proficient in the systems and approach required to provide an exceptional level of service, which results in a very high percentage of positive results.

We use this tracing facility in conjunction with our debt collection service to maximise returns for our clients and provide a complete one-stop debt recovery solution.

Town & Country Legal Services provide specialist asset searches which are carried out by experienced Tracing Department. We use state-of-the-art software and technology to locate the assets of debtors and customers, which can massively improve our chances of recovery for you. 

This software we use is able to detect mortgages and locate out-right owned properties, which we can cross reference with governmental documents. We also have access to charge-holder and lease information on said properties.

If your customer owns a property, it greatly increases your chances of recovery. Here at Town & Country, we have over a 90% success rate on homeowners; if you want us to find out if your customer owns property, then call us on 01883 21 21 21.

If your debtor is based overseas, it is a common mistake to believe that it is not cost effective to chase the debt. This is certainly not the case and even more so if your debtor is based within the EU.

Debts Within EU
European Order for Payment Procedure (EOP)
The EOP makes it easier and quicker for creditors to recover uncontested monetary debts, in cross-border cases i.e. where one of the parties lives in a different EU Member State from where the case is to take place.

The procedure operates on the basis of standard forms and a uniform process across all EU member states. It can be used in both civil and commercial matters and does not require the use of lawyers. The procedure is optional and can be used instead of existing procedures under national law.

A creditor who obtains an order using this procedure will not have to undertake intermediate steps to enforce the decision in another EU Member State.

European Small Claims Procedure (ESCP)
From 1 January 2009 The European Small Claims Procedure will provide consumers and businesses all over Europe with a uniform, speedy and affordable debt recovery process for low value claims in cross-border cases.

The procedure will apply in civil and commercial matters where the value of a claim does not exceed EU 2000. The procedure applies to monetary claims as well as to non-monetary claims.

The ESCP introduces standard forms to be used by the parties and the court across the EU and establishes time limits for the parties and for the court in order to simplify and speed-up litigation concerning small claims.

European Enforcement Orders (EEO)
An EEO provides a simpler method for enforcing your uncontested judgment in another country within the European Union. But if the claim becomes a defended claim you must follow the normal rules of the court for enforcing a judgment abroad.

Debts Outside of EU
Lugano Convention 2007
Covers member of the European Free Trade Association (EFTA); Iceland, Liechtenstein, Norway and Switzerland.

The Basic rule for Brussels and Lugano is that a debtor must be sued in the country in which they are domiciled regardless of nationality. Unless it's a case of negligence, employment, insurance or land disputes.

Countries covered by the regulation and convention will enforce judgments made in other countries.

The Administration of Justice Act 1920
The Administration of Justice Act 1920 facilities for recognition and enforcement in England from judgments made by courts in: Anguilla, Antigua and Barbuda, Bahamas, Barbados, Belize, Bermuda, Botswana, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Christmas Island, Cocos (Keeling) Islands, Dominica, Falkland Islands, Fiji, The Gambia, Ghana, Grenada, Guyana, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Mauritius, Montserrat, New Zealand, Nigeria, Territory of Norfolk Island, Papua New Guinea, St Christopher and Nevis, St Helena, St Lucia, St Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sovereign Base Area of Akrotiri and Dhekelia in Cyprus, Sri Lanka, Swaziland, Tanzania, Tasmania, Trinidad and Tobago, Turks and Caicos Islands, Tuvalu, Uganda, Zambia and Zimbabwe.

Foreign Judgments (Reciprocal Enforcement) Act 1933
An Act to make provision for the enforcement in the United Kingdom of judgments given in foreign countries which accord reciprocal treatment to judgments given in the United Kingdom, for facilitating the enforcement in foreign countries of judgments given in the United Kingdom. Countries include: Australia, Australian Capital Territory, Canada, India, Guernsey, Isle of Man, Jersey, Pakistan, Suriname and Tonga.

If no reciprocal agreement, convention or regulation then it may be possible to enforce using the rules of the particular land.

In most cases the defendant will need to be served documents in their own country in accordance with the law of the land. The documents will need to be served through official channels and this can take several months.

Collecting debt outside of the UK can often be an expensive ordeal, due to the high costs involved. Countries have different laws which can make debt collection either easy or difficult, depending on their respective ties to the UK.

However, we at Town & Country are experts on Debt Collection as a whole, not just in the UK, so we can advise on our thoughts on how to best recover your money. For example in China, debt collection is prohibited by a debt collection agency, but not by Lawyers, meaning we can employ our Chinese Lawyers to collect it on your behalf. 

We will always consider cost efficiency when weighing up a claim, and we will be open and honest with you if we believe it is in your best interest to instruct us to collect debt overseas. 

If you wish to enquire about our International Debt Recovery Services, please call us on 01883 21 21 21.

We at Town & Country have agents and solicitors we work with across the globe, China being one of these countries. Now it is worth mentioning that Debt Collection in China can differ from Debt Collection in the UK.

The difference usually stems from the debtor's location. In China, debt collection and recovery by debt collection companies are prohibited. However, lawyers are permitted to recover debts. Consequently, debt collection in China typically involves firms of solicitors based in major cities, all of whom are English-speaking. It is crucial to have precise details about your debtors, as China is a vast country, and locating a small company or individual can be highly challenging.

If you wish to contact us in relation to debt collection matter in China, please call us on 01883 21 21 21.

We at Town & Country have agents and solicitors we work with across the globe, France being one of these countries. Now it is worth mentioning that Debt Collection in France can differ from Debt Collection in the UK.

The process of initiating court proceedings to collect a debt involves several steps. First, a Formal Demand is sent to the debtor, notifying them in writing of the debt and the creditor's demand for payment. This demand for payment is referred to as a 'mis en demeure.' It is typically sent by registered mail or delivered by a 'huissier,' which is the equivalent of a Process Server.

 
If the 'mis en demeure' is ignored and the matter remains undisputed, court proceedings can begin. This process, known as 'injunction de payer,' involves presenting the claim to the court along with supporting evidence such as contracts or invoices. The necessary document for this step is Cerfa no:12948*01. The debtor is not notified about this action, and the involvement of a solicitor is not required. A judge will then review the case to determine if the debt or claim is valid. If validated, a court order, termed an 'ordonnance portant injonction de payer,' is issued.

The final stage is the enforcement of the debt. A 'huissier' (Process Server) will deliver the documents to the debtor, and this must be done within six months of the judgment. As in the United Kingdom, ensuring the documents reach the correct person is vital. If the debtor still does not pay, the creditor can petition the court to execute the order, allowing bank accounts to be frozen and assets to be seized to cover the debt.

If you wish to contact us in relation to debt collection matter in France, please call us on 01883 21 21 21.

We at Town & Country have agents and solicitors we work with across the globe, Italy being one of these countries. Now it is worth mentioning that Debt Collection in Italy can differ from Debt Collection in the UK.

In Italy, it is more common for claims to be settled outside of court, this is called Extrajudicial Debt Collection. The purpose of this step is to save costs by avoiding Judicial Recovery. Out of court debt collection may involve warning letters and default notices.

If this is unsuccessful, there are different types of court action that can be taken. In the instance of non-payment, the claim can be enforced immediately by a formal notice of payment. Alternatively, there is The Injunctive Decree which is an Order issued by the court based on documentation. If this document is served and the debtor does still not pay or oppose this, we may proceed with precept (followed by Garnishment), attachment or forced sale of assets (Real Estate Execution and Movable Execution) under the injunction decree. 

If you wish to contact us in relation to debt collection matter in Italy, please call us on 01883 21 21 21.

We at Town & Country have agents and solicitors we work with across the globe, Portugal being one of these countries. Now it is worth mentioning that Debt Collection in Portugal can differ from Debt Collection in the UK.

Before initiating court action, it is advised to send a warning letter to the debtor, granting a period of time to settle the debt. If no arrangement is made then this matter can be taken to the courts. There are two available procedures for the Portuguese courts, Injunção (a simple claim that is undisputed) or Acção Declarativa (a regular claim that is disputed).

Once the judgment is obtained from the courts, we can have this executed by a bailiff in Portugal. If your debtor does not pay voluntarily, the bailiff can place an juízos de execução (executory attachment) on your debtor's assets. There is also the option to file for falência (bankruptcy), which acts in the same manner as UK insolvency.

If you wish to contact us in relation to debt collection matter in Portugal, please call us on 01883 21 21 21.

We at Town & Country have agents and solicitors we work with across the globe, Spain being one of these countries. Now it is worth mentioning that Debt Collection in Spain can differ from Debt Collection in the UK.

In the Spanish Courts, the procedure that we can use can be simplified as follows:

Proceso Monitorio - This if for debts under the amount of £250,000, which are overdue and can be ratified by supporting documentation. We will file this paperwork to court. There will be a 20 day period for the debtor to pay or challenge the debt. If there is no response met, the Judge will issue an execution of the debt. If you believe the debtor will oppose payment, you will need to choose the best procedure based on the claim amounts. For cases under £6,000, you can opt for a verbal procedure, which involves an oral hearing. For anything over £6,000, you can opt for an ordinary procedure. If the Judgment is awarded, you can enforce it via asset seizure or wage garnishment.

If you wish to contact us in relation to debt collection matter in Spain, please call us on 01883 21 21 21.