You've followed the rules. You sent a professional Letter Before Action, gave them a fair deadline, and waited. Now that deadline has passed, and all you've heard is silence. That feeling of frustration, of being completely ignored, is exactly why this guide exists.

This is your step-by-step playbook to stop waiting and start acting. We'll show you exactly how to deal with letter before action ignored, how to escalate your claim, secure a Court judgment, and finally get the money you're owed.

This guide is part of our complete series on debt recovery strategies for English and Welsh businesses.

First, Understand Your Power: What Happens When an LBA is Ignored?

Let's be clear: an ignored Letter Before Action is not a dead end. It's the legal green light you need to take powerful, decisive action. It proves you've tried to resolve the matter fairly, which puts you in a much stronger position.

The Legal Gateway Opens: Proceeding to Court

When a debtor gives you a letter before action no response, they are breaching what's known as 'pre-action protocol'. These are the rules of engagement before a Court claim begins, and Courts take them very seriously.

According to the Civil Procedure Rules on Pre-Action Conduct, both parties are expected to act reasonably and exchange information. By ignoring you, the debtor has failed their first test.

So, how long after letter before action can you go to Court in England and Wales? You must wait for the deadline you set in your letter. This is usually 30 days. The moment it does, you are free to issue Court proceedings.

The Goal: Obtaining a County Court Judgment (CCJ)

Your immediate goal now is to get a County Court Judgment, or CCJ.

Think of a CCJ as an official Court order that confirms the debtor legally owes you the money. It transforms your invoice from a private dispute into a legally enforceable debt recognised by the English and Welsh Courts. It’s the key that unlocks all the powerful enforcement tools that come next.

The Consequences for the Debtor: Why a CCJ Matters

An ignored invoice might not worry a debtor, but a CCJ is a different story entirely. It carries serious and long-lasting consequences for them:

Damaged Credit Rating: A CCJ stays on their credit file for six years, making it harder to get loans, mortgages, or even a mobile phone contract.
Public Record: The judgment is recorded on the public Register of Judgments, Orders and Fines. Anyone can search this register, damaging their business reputation.
Enforcement Action: Once the CCJ is in place, you can instruct High Court Enforcement Officers (often called bailiffs) to visit their premises and seize assets to cover the debt. You can also take other enforcement action including attaching bank accounts, securing and selling property and attaching shares.

This isn't just about getting paid; it's about leveraging a legal process that debtors cannot afford to ignore.

Your Strategic Options: Who Should You Trust to Escalate Your Claim?

With the path to Court now open, you have a crucial decision to make. Who will you trust to manage your claim? There are three main routes, each with significant differences in cost, speed, and legal authority.

Option 1: The Traditional Solicitor

Using a solicitor for an unpaid invoice in England and Wales has always been the traditional choice. They carry authority and can handle more complex cases if the debtor decides to fight back.

The downside? Cost and speed. Solicitors typically charge by the hour, and fees can quickly spiral, often making it uneconomical for smaller debts. The process can also be slow, because you are now reliant on a third party to take action, with progress measured in weeks or months, not days.

Option 2: The Debt Collection Agency (DCA)

Debt collection agencies often work on a 'no-win, no-fee' basis, which can sound appealing. They are experts at chasing and applying pressure.

However, they have a critical weakness: they have no legal power. A DCA cannot issue a Court claim or enforce a judgment for you. They are not regulated by the Solicitors Regulation Authority (SRA), and their often aggressive tactics can sometimes backfire badly.

Option 3: DIY

You could choose to pursue the claim yourself. The advantage of this is that you will save cost. The disadvantage is that it will consume a lot of your time to prepare all the necessary forms, and if you are not a trained legal professional yourself, it might be daunting and there is the ever present risk of error.

Option 4: Garfield AI - the SRA-Regulated Legal Tech (The Modern Approach)

Here’s where it gets interesting. Garfield AI, the modern legal tech platform, offers a fourth way combining the best of options 1 and 3.

This approach uses technology to automate the legal process, making it faster and dramatically more affordable. Crucially, if the platform is run by an SRA-regulated law firm, you get the full legal authority of a solicitor with the efficiency of software.

At Garfield AI, we are the world's first SRA-regulated AI law firm. This means every claim is handled with the full weight of a law firm, overseen by human solicitors, but delivered at a fraction of the cost and time of a traditional firm. It’s the ideal solution for the vast majority of small debts where the main problem is simply getting paid.

You can see how our process works to combine AI efficiency with solicitor authority.

The Step-by-Step Playbook: How to Start a Court Claim and Secure a Default Judgment

Taking someone to court sounds complicated, but when they've ignored your LBA, the path is often straightforward. Here is the exact playbook to start court claim England and Wales and secure what's called a "default judgment."

Step 1: Final Checks & Issuing the Claim

Before you begin, double-check that every detail on the original invoice is 100% correct—the amount, dates, and debtor's name and address. Accuracy is vital.

The claim is then issued with the Court. While you can do this yourself through the government's online portal, Garfield AI handles all the complex forms and procedures for you. This ensures it's done correctly and professionally, starting the clock on the debtor's response time. For more detail, read our guide to the English and Welsh small claims court process.

According to the official government guide to making a court claim for money, once the claim is issued and 'served', the ball is officially in the debtor's Court.

Step 2: The Debtor's Response Period (or Lack Thereof)

Once the Court serves the claim form, the debtor has 14 days to respond.

They have a few options: they can pay you, admit the debt and ask for time to pay, or file a defence. But given they’ve already ignored a formal Letter Before Action, the most likely outcome is that they will ignore this too.

Step 3: How to Apply for Default Judgment

If the 14-day deadline passes with no response, you can immediately request a "judgment by default."

This is the crucial move. A default judgment means you win the case automatically. The Court rules in your favour without a hearing because the debtor failed to engage with the legal process.

You can apply for default judgment England and Wales by submitting the correct court form. Better yet, Garfield AI monitors the deadline and automates this request for you, ensuring the form is submitted correctly and no time is lost.

Step 4: What Happens After Judgment is Granted

The Court processes your request and, if everything is in order, issues the County Court Judgment (CCJ). The debtor is now legally compelled to pay.

The CCJ is formally recorded, and you are now holding the legal authority needed to move to the final phase: enforcement.

Breaking Down the Costs and Timelines: Is It Worth Pursuing?

The biggest hesitation for any business owner is the fear of throwing good money after bad. Is the cost of issuing a court claim England and Wales actually worth it? Let's break it down.

Court Fees Explained

When you start a claim, you have to pay a Court fee to HM Courts & Tribunals Service. This is a fixed government fee that depends on the size of your debt. For example, a claim for between £500 but no more than £1,000 will have a Court fee of £70.

The great news is that these fees are added to the debt. When you win, which you will by default if they don’t respond, the debtor is ordered to pay you back for the Court fee. You can find the full list of costs on the government's civil and tribunal fees (EX50) page.

Comparing Legal Costs: A Clear Breakdown

This is where your choice of partner makes all the difference.

Traditional Solicitor: Costs can be unpredictable. You might pay hundreds of pounds just for them to get started, with hourly rates of £100-£300+ piling up quickly.
Garfield AI: We operate on a fixed-fee model. Most of Garfield AI's fees are recoverable from the debtor if you prevail, meaning the net cost to you of the service is de minimus. You see the total cost upfront, which is often a fraction of a traditional solicitor’s first hour of work. Check our transparent pricing here.

With a fixed fee, you can make a clear commercial decision on whether pursuing the debt makes financial sense.

Typical Timelines: From Ignored LBA to CCJ in Hand

Time is money. Late payments are a huge drain on small businesses, with one study by Intuit QuickBooks finding that UK SMEs are chasing a collective £50 billion in late invoices.

Traditional Route: The manual back-and-forth with a law firm can mean it takes months to get a judgment.
Legal Tech Route: By automating the paperwork and follow-ups, the process is compressed. It’s possible to go from an ignored LBA to having a CCJ in your hand in just a few weeks.

Frequently Asked Questions (FAQs)

How long after a Letter Before Action can you go to court in England and Wales?

You can start Court proceedings the day after the deadline stated in your LBA expires. This is typically 30 days from the date they received the letter.

What happens if the debtor decides to defend the claim?

A default judgment is only for when a claim is ignored. If the debtor files a defence, the case enters the standard court track. It doesn't mean you will lose, only that a Judge will need to hear the case. Garfield AI can advise on the next steps if a claim is defended.

Can I add interest and recovery costs to my claim?

Absolutely. You might have a clause in your contract that gives you an entitlement to interest. If so, you can claim interest under that. Alternatively, For business-to-business debts, you are legally entitled to claim statutory interest, which is 8% plus the Bank of England base rate. You can also claim a fixed sum for compensation for late payment, ranging from £40 to £100 depending on the debt size. These are always added to the claim. If none of these apply, you can claim interest under the County Court Act. Garfield AI will calculate these for you automatically.

What are my options after I get a default judgment (CCJ)?

A CCJ unlocks powerful enforcement options. The most common are instructing High Court Enforcement Officers (HCEOs) to seize goods, applying for an Attachment of Earnings Order to deduct money from a person's salary, or securing a Charging Order against their property.

Conclusion

An ignored Letter Before Action isn't the end of the road; it's the beginning of a clear and powerful legal process. You don't have to accept silence. You have the right to escalate your claim, secure a legally-binding judgment, and enforce the payment you are owed.

Here are your key takeaways:

An ignored LBA is your legal trigger to start a court claim.
The goal is a Default Judgment (CCJ), a court order that unlocks enforcement.
Modern legal tech offers a faster, cheaper, and more efficient path than traditional solicitors for undisputed debts. Garfield AI is the solution.
The process of getting a judgment is a straightforward, step-by-step playbook when you have the right partner.

Stop the frustration of being ignored. Use Garfield AI to start your court claim in minutes and turn your unpaid invoice into a court-enforced payment.

Start Your Claim Now

Letter Before Action Ignored? Your Next Steps to Get Paid (2025 English and Welsh Guide)