Potential new rules for debt claims in the County Court


Today, anyone can start a claim via their iPad (other mobile devices are available) without even stepping out from under their duvet.

Author: Nona Bowkis
Reading time: 2 minutes

This article is 8 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

The days of filling out forms and queuing at the counter at your local county court to issue a debt claim are long gone.

Today, anyone can start a claim via their iPad (other mobile devices are available) without even stepping out from under their duvet.

As motor traders, that potentially makes you vulnerable as customers become willing to pay the relatively modest sums to issue a money claim on line. Of course many of these customers will be merely chancing their arm but if you do not respond to the claim within 14 days, you are likely to find yourself with a default judgment against you. Fail to act on that and you could find yourself as an unwilling TV star on BBC 1’s ‘The Sheriffs are Coming’.

‘The Sheriffs are Coming‘ or Channel 5’s ‘Can’t Pay? We’ll take it Away’ on which ex footballer Neil ‘Razor’ Ruddock made a recent appearance.   

Currently, with regard to debt claims there is no set pre-action protocol as there is with other types of claims such as Personal Injury or Defamation claims. However, that could all be about to change as the Civil Procedure Rule Committee (who are essentially responsible for how things are conducted in the County Courts) are currently consulting on the introduction of such a protocol.

Once the new protocol is issued we will of course advise on any impact it could have for our clients who could of course, find themselves on either side of a court claim.

Nona Bowkis

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.