Complying with the Pre-Action Protocol for Debt Claims

by Practical Law Dispute Resolution

Maintained | England, Wales

This Practice note provides guidance on complying with the Pre-Action Protocol for Debt Claims for businesses pursuing debts from individuals in England and Wales. It outlines the protocol's scope, aims and key definitions (including constitutes a "debt" or "business" for its purposes) and considers the use of statutory demands as a potential alternative to proceeding under the protocol. It covers sending a Letter of Claim under the protocol, handling the debtor's response, dealing with situations where a debtor seeks advice or requires time to pay and the debtor who does not respond. The note also considers disclosure, settlement, the use of alternative dispute resolution (ADR), costs (including post-Churchill) and recent developments including the Civil Justice Council's proposals to revise the protocol.

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