Letter from Birkett Long? Read this before you reply

A letter from Birkett Long usually means a debt has crossed from collections into the legal pipeline. Birkett Long LLP is a solicitors firm — not a routine collector — and their letters carry the procedural weight of pre-action notices, county-court claims and post-judgment enforcement. The deadline printed on the letter is the single most important detail.

This guide covers who Birkett Long are, what they can legally do, the two checks worth running before you reply, and the realistic options if the debt is genuine — including how an IVA legally stops their action.

Who Birkett Long are

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Birkett Long LLP is an Essex-headquartered law firm with offices across the county and a long-established commercial and dispute-resolution practice. Their debt-recovery team acts for businesses and creditors pursuing unpaid commercial and consumer debts through the civil courts. They are regulated by the Solicitors Regulation Authority (SRA) and authorised to conduct litigation.

Because Birkett Long are solicitors, not a contingent collector, their correspondence sits one rung above a routine reminder letter:

• They can issue Letters Before Claim that start the pre-action protocol clock
• They can issue and serve county-court claim forms (a court claim)
• After a CCJ, they can apply for attachment of earnings, charging orders, or instruct High Court Enforcement Officers

Where the underlying debt is consumer credit, they are also bound by the FCA’s Consumer Credit Sourcebook (CONC).

What Birkett Long can and cannot legally do

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Birkett Long are solicitors, not bailiffs. They can:

• Send Letters Before Claim and statutory pre-action correspondence
• Issue and serve county-court claim forms
• Apply for any of the standard post-CCJ enforcement options on behalf of their client
• Negotiate settlements, including discounted lump sums and Tomlin Orders

They cannot force entry to your home, take goods, threaten arrest (the matter is civil, not criminal), or invent fees beyond what the original agreement and the court allow. As solicitors they have explicit professional obligations under the SRA Code of Conduct, including not misleading recipients of correspondence and not pursuing unfounded claims.

Step 1 — note the deadline

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The single most important number on a Birkett Long letter is the deadline:

• Letter Before Claim — typically 30 days to respond
• Claim form (N1) — 14 days to file an acknowledgement of service, then 28 days to file a defence (extendable to 28 + 14 by acknowledging)
• Default judgment — entered automatically if you fail to respond within the claim-form window

Missing the deadline is the most common cause of an avoidable CCJ. Even a holding acknowledgement of service buys time and prevents a default.

Step 2 — confirm the debt is enforceable

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Two checks are worth running before paying or settling anything:

1. Section 77/78 CCA request. Under sections 77/78 of the Consumer Credit Act 1974, you have a statutory right to request a copy of the original signed credit agreement, the current statement of account, and proof of any assignment. Send the request in writing, enclose the £1 statutory fee, and keep proof of postage. Until the documents are produced the underlying debt is legally unenforceable.

2. Statute-barred check. Most consumer debts in England and Wales are statute-barred under the Limitation Act 1980 once six years have passed since the last payment or written acknowledgement, with no court action in that window. Statute-barred debt cannot be enforced through the courts. In Scotland the period is five years and the debt is extinguished, not just unenforceable.

Do not make a token payment to test the waters — even £1 can reset the limitation clock.

Step 3 — decide on the route out

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If the debt is genuinely yours, recently incurred and within the limitation period, the realistic options are:

• Settle in full with a written discount agreement and a “full and final” clause
• Tomlin Order — agreed settlement terms filed at court, converted to a CCJ only if you default
• Affordable instalment plan through the court’s online admission process
• IVA if you have £5,000+ of total unsecured debt across two or more creditors — the IVA legally stops Birkett Long pursuing the included balance and writes off the unpaid balance after a 5–6 year term
• Debt Relief Order for total debt under £50,000 with very low spare income
• Bankruptcy where no realistic monthly contribution is possible

Always confirm any agreement in writing, and keep proof of postage for every letter sent.

How Birkett Long tend to escalate

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Where the debt is enforceable and the recipient does not engage, the standard track follows quickly:

1. Letter Before Claim — usually 30 days
2. Claim form — 14 days to acknowledge service, 28 to defend
3. Default judgment (CCJ) — entered automatically if no response
4. Enforcement — attachment of earnings, charging order or High Court enforcement on the CCJ

Setting aside a default CCJ is technically possible but legally difficult and time-pressured. The window of maximum leverage is the 14 days after the claim form arrives.

Pitfalls when Birkett Long are involved

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• Never ignore a claim form. Default judgments are entered automatically by day 14
• Never accept liability over the phone — stay in writing
• Never make a part-payment before checking limitation status
• Don’t assume the case is hopeless — well-prepared defences regularly result in withdrawn claims or favourable settlements
• Don’t confuse Birkett Long with a separate firm of similar name — confirm the firm’s SRA number on any letter you receive

Frequently asked questions

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Are Birkett Long bailiffs? No. Birkett Long is a solicitors firm regulated by the SRA. They can pursue litigation and obtain a CCJ, but enforcement at your home requires a separate court-appointed enforcement officer.

Can Birkett Long take me to court? Yes. They are authorised to conduct litigation and can issue and serve county-court claim forms.

Will an IVA stop Birkett Long? Yes. Once the IVA is approved, Birkett Long and their client must stop proceedings on the included debt and cannot enforce against the included balance.

The debt is from years ago — can they still claim? If the last payment or written acknowledgement was more than six years ago in England and Wales (five in Scotland), and there has been no court action, the debt is statute-barred and cannot be enforced.

Related guides

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• BW Legal — Lowell’s litigation solicitors
• How long can I be chased for a debt?
• Can debt be written off?
• Do debt collectors give up?
• How do I apply for an IVA?