Action Required – Pre- Action Protocol

October 26, 2017
Debbie

The new Pre-Action Protocol (PAP) which came into effect on the 1st of October this year. The protocol will require a much more rigorous approach when referring debt collection cases for litigation. You will be required to send an enhanced ‘Letter of Claim’ which will give the individual 30 days in which to respond. Penalties may well be payable for non-compliance and may also affect your case in court. If you are considering legal action against a late or defaulted payer then remember to comply with the terms of the PAP.

Any legal action for debt claims will require an enhanced ‘Letter of Claim’ to be sent beforehand. This should include:

  • an up-to-date statement of account
  • an information sheet including signposting for debt advice
  • a reply form
  • a Financial Statement form (see above)

An individual will then have 30 days to reply to the Letter of Claim and they may:

  • agree with / deny the debt or say that they simply ‘don’t know’
  • make payment or seek time to pay
  • take the opportunity to seek debt advice
  • request further documents/information from you

If you use a solicitor they will ensure compliance for you. If you handle cases yourself, ensure you are ready to comply. More details can be found here: https://goo.gl/wGi1Pg

If you would like more information or have any queries related to debt issues, please do contact me on 0800 440 2358 or email me at nbowler@tdrb.co.uk

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