Before a judgement for a debt can be obtained, there are pre-action protocols to follow. The principal aim of a pre-action protocol is to resolve the matter without court intervention but also provide notice of intended action should the debtor fail to comply.
In some cases, there will be a specific form or notice to serve, for example in the case of bankruptcy proceedings a Statutory Demand would first be served or in the case of a debt regulated by the Consumer Credit Act 1974 a Default Notice would need to be served. Where there is no prescribed form a letter of claim would be served.
Upon the relevant notice being served, if the debtor fails to respond or pay the debt owed a money claim may then be issued in the county court.
To use the money claim procedure the debt must be less than £100,000 (excluding interest or costs claimed) and the only remedy claimed is money. If you are seeking for remedies which is not limited to claiming for money there are alternative procedures that may be used.
Unless the debt is commercial rent arrears, a judgement will be required before bailiffs and other enforcement options can be used.
Each case is different and a different protocol may apply from one case to another, therefore we provide estimated costs for drafting the relevant notice for each case and will not proceed without you agreeing to our fee first.
Our fee to draft and serve the relevant notice or letter of claim starts at £150 which includes VAT.
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We lead the way with evictions, helping landlords are agents nationally with a guaranteed eviction service and free advice line. Click to read our eviction service page.
Why are you different to other firms?
We aren’t just an eviction company, we specialise in property law and our impartial advice can prove the same beyond doubt. We lead the way with evictions Nationally because of our knowledge and success in helping landlords and agents.
Can I evict the tenant if I lost my agreement?
Yes you can still evict your tenant in the absence of a written tenancy agreement, we will assess the arrangements between the parties to determine the type of tenancy in order to serve the correct notice, the tenancy will likely be the default tenancy agreement which is an Assured Shorthold Tenancy Agreement.
I live abroad, can you still handle my case?
Yes, we deal with many overseas landlords and gain possession of their property in their absence and keep them up to date through the process. We can even secure the property after the eviction.
How can you guarantee an eviction?
Our expertise and knowledge in property law allows us to guarantee landlords and agents eviction. In most cases it is a matter of legal compliance and accuracy which determines if we can guarantee if eviction. Where legal compliance has been an issue for the landlord we will advise and assist comply with relevant legislation to enable a successful eviction.