Civil Litigation
Personal Debt Claims Barristers
For individuals recovering money they are owed, and for those facing a debt claim, a County Court Judgment or a statutory demand.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Personal debt disputes come from both directions. You may be owed money by a former tenant, a private buyer, an ex-partner or someone you lent to. Or you may have received a letter of claim from a lender or debt purchaser over a credit card, loan or overdraft, perhaps years after you last paid. The procedure is the same County Court money claim either way, but the tactics, defences and risks are very different.
Where a business is chasing an individual, the Pre-Action Protocol for Debt Claims applies. The creditor must send a letter of claim with an information sheet, a reply form and a financial statement, and the debtor normally has 30 days to respond before proceedings are issued. If you are the debtor, that window is the time to ask for documents. For regulated credit agreements, sections 77 and 78 of the Consumer Credit Act 1974 entitle you to a copy of the agreement, and the creditor cannot enforce it while in default of that request. A claim may also be challenged as an unfair relationship under section 140A, or as statute-barred under the Limitation Act 1980.
Most simple debts become statute-barred six years after the cause of action arose, but a written acknowledgement or a part payment restarts the clock under section 29 of the Act. Once a claim is issued, the defendant has 14 days from service of the particulars to respond, or 28 days by filing an acknowledgement of service. If nothing is filed, the claimant can request default judgment. A County Court Judgment (CCJ) is entered on the public register for six years unless paid in full within one month, and a judgment entered without proper service or where there is a real defence can be applied to be set aside.
Winning a judgment does not by itself put money in your account. Enforcement options include a warrant of control, an attachment of earnings order, a charging order over property and a third party debt order against a bank account, and an order to obtain information can require the debtor to attend court to answer questions about their means. A Direct Access Barrister can advise on which route fits, draft the documents and attend contested hearings, while you complete and file the court forms.
What Debt Recovery Barristers Do
If You Are Owed Money
Advice on recovering a personal debt:
- Whether the debt is provable and still in time
- Statutory interest at 8% under the County Courts Act
- Whether the debtor has assets worth pursuing
- The right enforcement method after judgment
- Charging orders over a debtor's home
- Whether a statutory demand is appropriate
If You Are Being Chased
Advice on defending a debt claim:
- Requesting the credit agreement under sections 77 to 78
- Limitation defences on older debts
- Whether a debt purchaser can prove the assignment
- Unfair relationship arguments under section 140A
- Setting aside a default CCJ
- Applying to vary instalments you cannot meet
Drafting
Your Barrister can prepare:
- A letter of claim compliant with the debt protocol
- Particulars of claim with an interest calculation
- A defence or part admission
- An application to set aside judgment with evidence
- An application to set aside a statutory demand
- Submissions for an enforcement hearing
You submit the claim or forms, such as the N244 application notice, and serve them as directed.
Your Responsibilities
With Direct Access you:
- Gather statements, agreements and payment history
- Respond to court deadlines without delay
- Complete income and expenditure forms accurately
- Issue the claim or enforcement request and pay the fee
- Keep a record of all calls and letters from creditors
- Attend any questioning or enforcement hearing
How Direct Access Works
- 1
Debt and Paperwork Review
Your Barrister looks at how the debt arose, the last payment or acknowledgement, the documents available and, if you are the debtor, any letters or court papers already received.
- 2
Protocol Letters
For a creditor, your Barrister drafts a letter of claim. For a debtor, a reply that requests documents, disputes the sum or raises limitation, sent within the 30-day protocol period where it applies.
- 3
Money Claim Issued
The claim is issued online or on form N1. A defendant has 14 days from service of the particulars to respond, or 28 days if an acknowledgement of service is filed.
- 4
Defence or Judgment
If the claim is defended, it is allocated to a track, often small claims for personal debts. If not, judgment can be entered by default or on admission, with payment terms set by the court.
- 5
Hearing
Your Barrister represents you at the final hearing or at an application to set aside judgment, where the court considers whether you acted promptly and whether there is a real prospect of a defence.
- 6
Enforcement or Repayment
A creditor chooses an enforcement route with your Barrister's advice. A debtor can ask to vary instalments or pay within a month to keep the CCJ off the register.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Someone owes me money but has no assets. Is it worth suing?
Possibly not. A judgment is only as good as the debtor's ability to pay. Before issuing, your Barrister can advise on signs of means, such as property ownership or regular employment, which open the door to a charging order or an attachment of earnings order. If there is nothing to enforce against, the court fee and your time may be wasted.
My debt is more than six years old. Do I still have to pay?
If six years have passed since the cause of action arose with no written acknowledgement or payment in between, the creditor generally cannot obtain a judgment, although the debt is not wiped out and they may still ask you for it. The date that starts the clock is not always obvious, especially for credit agreements, so get advice before writing anything that could amount to an acknowledgement.
I have a CCJ I knew nothing about. Can it be set aside?
If the claim form was not properly served, for example because it went to an old address, the judgment may have to be set aside as of right. Otherwise you must apply promptly and show a real prospect of defending the claim or another good reason. The application is made on form N244 with a witness statement explaining the delay and the defence.
What is a statutory demand?
It is a formal demand under the Insolvency Act 1986. If an individual owes at least £5,000 and does not pay, agree terms or apply to set it aside, the creditor can petition for their bankruptcy. A debtor who disputes the debt on substantial grounds should apply to set the demand aside quickly, as the time limits are short.
Can I charge interest on money I am owed?
If the contract provides for interest, you claim at that rate. Otherwise the court has discretion to award simple interest, and claimants commonly seek 8% a year under section 69 of the County Courts Act 1984. Late payment interest legislation applies only between businesses, so it does not help most individuals.
Can a Barrister help if I am offered breathing space?
The Debt Respite Scheme gives eligible individuals a breathing space from most enforcement action and interest while they get debt advice, accessed through a debt adviser. A Barrister cannot apply for it on your behalf, but can advise on how it affects a court claim and on any dispute about the debt itself.
How much does Barrister help with a debt claim cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Owed Money, or Facing a Debt Claim?
Get advice on limitation, defences, judgments and enforcement from a civil litigation Barrister.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.