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Which Court to use?

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8 years 4 months ago #1890 by BBS
Which Court to use? was created by BBS
Our issue is, we have sent a late payment schedule to our debtor and they have failed to either acknowledge it or make the payment in the manner stipulated. We now want to escalate the process and understand we do this through the county court. We have read through the instructions from the site on how to collect the late payment interest & recovery compensation but it doesn’t say through which court or what form we need to fill in. We are a little baffled, as it appears we have 3 choices of court, our local county court, the Northampton business centre or claim online, which one should we use or doesn’t it matter? Also, do we need to fill in any particular forms specifically relating to late payment of commercial debts or is there a generic one that covers it.

I’ve looked, but cannot find any ‘precedent cases’, are there any which we can quote to help with our claim?

Grateful for any guidance offered

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8 years 2 hours ago #1919 by BBS
Replied by BBS on topic Re: Which Court to use?
Phoned MCOL and they advised the on-line route as it was slightly cheaper (fee wise) but ultimately the case could end up being transfered to local county court (which it has!)

So far, no specific forms needed filling in, save for the original claim and the various responses needed to the bits MCOL send out as & when things start to happen.

A precedent case has been advised of the appeal court decision in Blue Autumn Ltd v Glenview Nursing Home.

An article about such was published in the Daily Telegraph and this link should take you there.

www.telegraph.co.uk/finance/yourbusiness/10133417/Court-fight-gives-hope-for-late-payment-victims.html


Really good news for small businesses, quote it back to your debtor when they refuse to pay, they may think twice!!

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7 years 11 months ago #1921 by james@cpa.co.uk
Let us know how you get on BBS.

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7 years 11 months ago #1922 by james@cpa.co.uk
If you want to issue proceedings yourself and do not need or want the support of a solicitor then MCOL is the way to go.

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