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What Steps Should I Take if a Debtor Disputes the Debt in Court?

Facing a disputed debt claims in court? Discover how to respond effectively, protect your interests, and recover what you are owed—backed by Shergroup’s expert High Court Enforcement team. 

When a Debtor Disputes the Debt—Do not Panic, Prepare 

If you have taken steps to recover a debt and suddenly receive notice that the debtor is disputing the claim in court, do not worry—this is a common step in the UK debt recovery process, and there are structured ways to manage it. 

At Shergroup, we support thousands of businesses, landlords, and individuals with UK debt collection and High Court Enforcement every year. Our action-driven approach means you will never have to face a court dispute alone. 

In this guide, we will break down exactly what you should do if a debtor disputes your debt claim—whether you are seeking unpaid invoices, rent arrears, or business debts. We will also show how Shergroup can help you achieve a successful outcome, even when things get complicated. 

Why Debtors Dispute Debts—and What It Means Legally 

When a debtor receives a County Court Claim Form, they have the right to respond. If they believe the claim is unjust or inaccurate, they can file a defence—this is what is known as disputing the debt

Common reasons for dispute include: 

  • Claiming the debt has already been paid 
  • Arguing the amount is incorrect 
  • Disputing the goods/services were provided 
  • Challenging the contract terms 

While some disputes are valid, many are used as delaying tactics. Either way, your response as a creditor must be strategic, timely, and well-documented. 

Step-by-Step | What to Do If a Debtor Disputes the Debt in Court 

1. Review the Defence Carefully 

Once the debtor submits their defence, you will receive a copy from the court. Read it thoroughly and assess whether: 

  • The debtor has raised a factual disagreement 
  • They have provided evidence to back their claim 
  • There are technical errors (e.g., incorrect interest rates or payment terms) 

If the dispute appears weak or baseless, that’s good news—courts tend to favour clear contracts and documented attempts at recovery. 

2. Prepare Your Response 

To continue the process, you may need to: 

  • File a reply to the defence 
  • Submit witness statements or additional evidence 
  • Comply with court directions, including timelines and disclosure rules 

This is your opportunity to present a compelling case showing: 

  • The existence of the debt (e.g., invoices, contracts, payment reminders) 
  • That reasonable steps were taken to recover it amicably 
  • That the debtor had many opportunities to pay or communicate 

Shergroup’s legal partners can support you during this process to ensure your documentation is solid and persuasive. 

3. Attend the Case Management Conference or Hearing 

If the dispute continues, the court may schedule a case management hearing or move the case toward a full trial. At this point, it is vital to: 

  • Be organised and punctual with all submissions 
  • Follow procedural rules 
  • Consider mediation, especially for commercial disputes 

If you win the case, the court will issue a County Court Judgment (CCJ) in your favour—making the debt legally enforceable. 

When to Instruct High Court Enforcement Officers (HCEOs) 

Once you have a CCJ, you can take enforcement action if the debtor still refuses to pay. And this is where Shergroup’s expertise shines. 

By transferring your CCJ to the High Court, our authorised High Court Enforcement Officers can: 

  • Visit the debtor’s premises to collect the debt 
  •  Take control of goods if necessary 
  • Act faster than county court bailiffs—often within 7 days 

This approach is ideal for cases involving disputed debts because it sends a strong message that you mean business—and you have followed every legal step. 

Why Use Shergroup for Debt Recovery and Enforcement? 

With decades of experience in UK debt collection, dispute resolution, and High Court Enforcement, Shergroup offers: 

  • A tailored plan for your specific case 
  • Access to legal experts and enforcement professionals 
  • Transparent pricing and fast timelines 
  • National coverage across England and Wales 

We have featured in popular TV shows like Call the Bailiffs: Time to Pay Up and Can’t Pay? We’ll Take It Away, where real-world cases show just how powerful enforcement can be—even when debtors try to dispute what they owe. 

Final Thoughts | Stay Calm, Stay Legal, Stay Supported 

A debtor disputing a debt is not the end—it is just another step in the process. With the right evidence, legal strategy, and enforcement partner, you can win the case and recover your money

Shergroup is here to guide you through every stage—from issuing the claim, to defending your position, and, to enforcing the judgment

Need Help with a Disputed Debt? 

Let us take the stress off your shoulders. 

You can reach us |
By Phone  | 020 3588 4240
Website    | www.shergroup.com and you can chat to us from here
Email        | [email protected]
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We will work with you to take legal, strategic, and effective action—because when it comes to debt recovery, we do not just talk. We act. 

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Last updated | 19 July 2023

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