The Instruction to Proceed Form is the issuing of proceedings through the court to recover your debt. The majority of details about the debt will have been provided in the "7 Day Letter" option assuming this was selected. In addition to this we only need a short description of debt to issue your claim.
If you have not sent a "7 Day Letter" before starting the Instruction to Proceed Form we strongly recommend that you read the guidance notes under "Letter Before Action". Our charges and the Court Fee are added to the sum you can recover from the debtor.
We cannot emphasise strongly enough that the information provided must be accurate.
You must ensure that you check the facts before taking court action. Make sure everything is in order and that the right person is being claimed against. Sometimes difficulties can arise with regard to whether the Debtor is a company or a firm using a trading name and care has to be taken to ensure the right person is sued. If mistakes are made, then the proceedings will be wrong and any judgment invalid.
Debt Control Limited provides collection of undisputed debts. If the claim is defended then the matter will be referred back to you to choose whether you wish our Solicitors to continue to pursue the claim on your behalf, or whether you wish to deal with the matter yourself.
You must be careful with any Court Claims. Once you start the action it is not always easy to stop it. If the Debtor puts in a Defence, or a Defence with a Counterclaim against you the matter will become contested Court Litigation. You will not normally be entitled to stop your claim (if the claim is for more than £5,000) without paying the debtors legal costs. Only the debtor will be entitled to stop their counterclaim. |