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Pre-Action Protocol for Debt Claims

Document Cited authorities 1 Cited in Related
Vincent
AuthorPatricia Pearl/Tim Parker
Pages291-296

Appendix 6


Pre-Action Protocol for Debt Claims

Contents


Title Number Introduction Para 1 Aims of the protocol Para 2 Initial information to be provided by the creditor Para 3 Response by the debtor Para 4 Disclosure of documents Para 5 Taking steps to settle the matter and alternative dispute
resolution Para 6 Compliance with this protocol Para 7 Taking stock Para 8 Annex 1 – information sheet and reply form [omitted]

Annex 2 – financial statement [omitted]

1 Introduction

1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the ‘creditor’ and the individual will be referred to as the ‘debtor’. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.

1.2 The Protocol describes the conduct the court will normally expect of those parties prior to the start of proceedings. It includes a template Information Sheet and Reply Form[1] to be provided to debtors in all cases.

1.3 The Protocol is intended to complement any regulatory regime to which the creditor is subject. To the extent that compliance with this Protocol is inconsistent with a specific regulatory obligation (such as a principle, rule or

1[Omitted. Obtainable from www.gov.uk/guidance/pre-action-protocol-for-debt-claims.]

292 Small Claims Procedure in the County Court

guidance contained in the Financial Conduct Authority’s Handbook) that regulatory obligation will take precedence. The Protocol should also be read in conjunction with industry and government guidance relating to good practice in the recovery of debt.

1.4 The Protocol does not apply:

(a) where the debt is covered by another Pre-Action Protocol such as Construction and Engineering or Mortgage Arrears; or

(b) to claims issued by Her Majesty’s Revenue and Customs that are governed by Practice Direction 7D (Claims For The Recovery Of Taxes And Duties).

2 Aims of the protocol

2.1 This Protocol’s aims are to:

(a) encourage early engagement and communication between the parties, including early exchange of sufficient information about the matter to help clarify whether there are any issues in dispute;

(b) enable the parties to resolve the matter without the need to start court proceedings, including agreeing a reasonable repayment plan or considering using an Alternative Dispute Resolution (ADR) procedure;

(c) encourage the parties to act in a reasonable and proportionate manner in all dealings with one another (for example, avoiding running up costs which do not bear a reasonable relationship to the sums in issue);

(d) support the efficient...

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