Fast track process and costs
Do you have a debt collection case for a claim with a value between £10.000 and £25.000? Then you may have to consider the Fast Track procedure. In most cases, it may take up to a year or more for the court to reach a hearing, followed by a trial that lasts more than one day. The costs will differ depending on the complexity of your case and the actions you have taken before initiating the Fast Track procedure. It is important to note that the court always encourages you to settle the claim without court intervention and mediation. If this is not possible, then court proceedings can be initiated. In both scenarios, we can help you retrieve the payment you are entitled to.
Fast Track procedure in the UK
When a claim is defended, court staff will send a ‘notice of provisional allocation to track’, based on the value of the claim. The notice will tell you which directions questionnaire you must fill in. Both parties will have to answer a series of questions relating to the complexity and value of the claim while providing supporting documents. Both sides of the dispute should also be in contact with each other to discuss the information that they will provide in the questionnaire before returning the form to the court. This will help the judge determine whether the correct procedure has been applied for while deciding on the remainder of the procedure. The court will expect you to have communicated and document the following together with your debtor:
- Which track should be used?
- How long should the trail last?
- How long will the preparations and exchange of evidence take?
- Will you require expert advice?
The questionnaire will also ask you if you wish to settle the claim through a court hearing or if you will try to settle the claim with your debtor through a mediator. In most cases, mediation is strongly encouraged, after which the court will put your case on hold for one month. If during this time a settlement cannot be reached, then the court will extend the case for another month. However, additional fees will be charged.
If the judge decides that a court hearing is needed, then the judge will send a ‘notice of allocation’ including information on the next proceeding steps. The judge may also request additional information that supports your case.
The pre-trial checklist
Before the trial, you will receive a pre-trail checklist. This form helps the judge decide if further actions are needed before the trial and confirms that you have correctly followed the procedure.
You will then receive a confirmation, including how long the trial will last, a time schedule, and an information package. This includes all relevant documentation for your case including the order and manner in which the evidence should be presented in court. The court will send you a notice of the trial date no later than 21 days before the trial is due to start.
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Benefits of hiring Bierens
- Specialists in debt collection
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Fast Track fees
For the Fast Track procedure, the mediation costs will be shared with you and your debtor. The court will also order you and your debtor to split the court fees. You must ensure that these court fees are paid on time, otherwise, you risk the hearing being removed. Keep in mind that this only includes the court fees and not the additional hourly fees from hiring a solicitor.
Our specialists
Have you exhausted all possible resources for your debt collection? Then you may consider initiating the Fast Track procedure. If your debtor still refuses to pay, then our debt collection specialists and lawyers can help you retrieve your payment. With knowledge and experience with the debt collection laws in the UK, our specialist can strengthen your position and retrieve the payment you are entitled to.