Upon receiving the account, we will do all the checks required to ensure that the contract is enforceable. We will check the following:
That the business is still trading and active with Companies House.
There are no current proposals to dissolve said business and if so, that immediately we object to such with Companies House and prevent dissolution (this is often granted for 6 months) for us to actively chase.
Pre-Litigation Process - Step Two
We send out our first letter (along with a scanned copy sent via email). This gives them 7 days to respond. We will actively chase the debtor through telephone calls, emails and letters. We generally try to get payment in full, however, where this is not viable, we will accept payment plans for up until 4 months. If the debtor wishes for a payment plan beyond this date, we will request permission from our client before accepting. This continues for
approximately 28 days before the next step.
Pre-Litigation Process - Step Three
Formal Letter of Claim
The next step we take is issuing our formal Letter of Claim (also known as Letter Before Action).
The Formal Letter of Claim is approximately 3 pages long and is sent in compliance with the Civil Procedure Rules.
We must allow the debtor 21 days to respond before issuing any claim.
Pre-Litigation Process - Step Four
Closure of account or progressing the account to our Legal Department
Once we feel we have exhausted all pre-legal options, we will then look at whether or not we should close this account or begin the formal legal procedure required. This will include the likely chance of winning the case, the assets of the business and if they currently have any outstanding Judgement Orders.
We will then send an overview of our views on the case and the associated costs.
At this point you may choose to close the account with Cristen-Dex LLP. There is no charge for the work carried out prior to stage 5, unless payment is received.
If payment is received, we simply charge our 10%-15% commission.