Pre action protocol for debt claims

Pre action protocol for debt claims

 

The pre action protocol for debt claims was approved and came into effect as of 1 October 2017.

The pre action protocol debt will apply if a creditor believes a debtor owes them money and they are considering court action to recover it. This debt pre action protocol applies to any business claiming payment of a debt from an individual. The pre action protocol debt claims lays out the behaviour the court will typically require from the parties involved before legal proceedings are actioned. The pre action protocol for debt claims is put in place to complement any regulatory system to which the creditor has to comply with. Where this Protocol conflicts with a particular regulatory obligation, then the regulatory obligation will take preference.

 

The objectives of this debt pre action protocol are to enhance early communication between the parties involved, comprising the early exchange of adequate information with regards to any issues. It explains exactly what the claim relates to and aims to resolve any issues without the requirement to begin court proceedings, comprising agreeing on a rational repayment plan or taking into account the use of Alternative Dispute Resolution procedures.

The pre action protocols ensure all relevant information about the debt and possible dispute is provided to both parties. This then assists with aim to reach an amicable resolution without the need for court actions and potential high costs. If a resolution is not achieved then providing the pre action protocols have been adhered to the court proceedings should have all the information to make speedy informed decision.

 

The pre action protocol letter should be sent to the debtor before the creditor commences any court actions. The pre action protocol debt lays out what the pre action protocol debt letter should comprise of.

 

You can find a pre action protocol debt letter template online.

 

You can also contact us and we will assist you with your claim and submit the pre action protocol debt letter on your behalf to ensure everything has been undertaken to legal requirements.

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