DEBT COLLECTION IN ENGLAND AND WALES

England and Wales are two common law countries that share the same laws and procedural procedures. Any reference to English law must therefore be understood as also applied to Welsh law. Debt collection in England allows you to activate quick and effective procedures.

PAYMENT INJUNCTION

The Limitation Act of 1980 provides that the ordinary period of prescription of a credit in civil, contractual and commercial matters is 6 years, with exceptions (for example, an obligation deriving from a contract, so-called deed, expires within 12 years). 

The English system does not provide for a summary type procedure as for example in Italy and France. The only system similar to a summary procedure is called summary judgment, governed by CPR 24.

The conditions for obtaining this “order” for a debt collection procedure against a company with its registered office in England are as follows:

  • The creditor has a reasonable opportunity to prevail in the judgment;
  • The debtor does not have reasonable prospects of successfully defending himself in the judgment
  • There are no other reasons that can justify the use of an ordinary procedure.

This procedure is essentially based on documentary evidence.

In addition, the English legislation there is a procedure for small claims up to £ 5,000.00.

The mediation aims to reach an agreement between the parties and therefore avoid the trial.

In this simplified procedure, even in the event of victory, the parties will hardly see the legal costs recognized. Judgments are immediately enforceable, since English law does not provide for an automatic right of appeal. A party wishing to appeal must, in fact, follow the procedures provided for by CPR 52, or they must obtain authorization from the Court of Appeal to proceed with the appeal.

 

England is finalizing the so-called Brexit procedures and this may affect the European debt collection procedure, the European Payment Order, please contact us for more info.

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