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Changes to Debt Pre Action Protocols - Your views

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  • #61
    Re: Changes to Debt Pre Action Protocols - Your views

    Originally posted by enaid View Post
    Nothing on SB as I can see but surely that can not over rule the Limitations act ?
    .
    Thinking more on DCAs sending these out to 'force' a response (acknowledgement) of a debt just before it goes stat barred rather than getting their house in order in time to issue a claim before it would go stat barred. (ie. sending these out without any actual intention of issuing court proceedings)
    Common Sense .... if in doubt, use it !

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    • #62
      Re: Changes to Debt Pre Action Protocols - Your views

      Originally posted by Amethyst View Post
      Thinking more on DCAs sending these out to 'force' a response (acknowledgement) of a debt just before it goes stat barred rather than getting their house in order in time to issue a claim before it would go stat barred. (ie. sending these out without any actual intention of issuing court proceedings)
      Yes and I think it is time a definite and fool proof set of rules were out there for SB, read so many different things on it, have even asked the powers that are supposed to know but to no avail. Just seems as it can be twisted to suit and it's wrong.

      We know that even the 1 for a CCA request has been debited to the accounts to try unbarr them.


      ​​​​

      https://www.carersuk.org/

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      • #63
        Re: Changes to Debt Pre Action Protocols - Your views

        Had a read through – not as ‘toothy’ as implied a couple of years ago. When you read through it is it really going to make that much difference?

        For example;
        3.1 The creditor should send a Letter of Claim to the debtor before proceedings
        are started. The Letter of Claim should –
        (iv) where the debt arises from a written agreement, the date of
        the agreement, the parties to it and the fact that a copy of the
        written agreement can be requested from the creditor;
        Well, we know we can request the agreement but it does not say they have to supply it. As before, they can just come up with a half decent excuse for not being able to supply one.
        It may mean a bit more kerfuffle for the DCAs so I suppose we may see a rash of claims flying about over the next few months but to be fair, I thought this was going to have a bit more back bone.
        I agree it seems to be more about coming to an agreement to pay without going to court. Oh, and nothing about ensuring the DCAs take steps to ensure they are sending the initial paperwork to the right address.
        So very little after waiting so long IMHO.

        An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
        ~ Anonymous

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        • #64
          Re: Changes to Debt Pre Action Protocols - Your views

          Some DCA's are deliberately sending claims to the wrong address when they know full well of the current address and get judgements by default. This is a massive abuse and creates far more court involvement to set aside and start again. These 'new' protocols will change nothing and it's very disappointing. What a waste of time.

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          • #65
            Re: Changes to Debt Pre Action Protocols - Your views

            Anyone noticed an increase in activity seeing as this comes into force on Oct. 1st? I admit I haven’t been on the site as much as I’d hoped lately due to work and other stuff but looking about it seems the DCA’s are not as active as they might have been had this been more of a threat to them.

            An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
            ~ Anonymous

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            • #66
              Re: Changes to Debt Pre Action Protocols - Your views

              I read them closely again and it worries me that more and more defendants will possibly admit the claim, fill in the I&E and there you go. This will happen because they will not know what to do and what to ask for.

              There are caveats within the guidelines that really give the DCA's a get out of jail free card such as there should be x days notice but they can circumnavigate that if they have a 'good' reason.

              It also seems as if the poor debtor now is supposed to tell them why it is in dispute and shouldn't be taken to court

              Dear Mr Reston
              I require a copy of the agreement
              A copy of the DN
              A copy of the assignment
              Notices of sums in arrears

              Dear Debtor
              Please find attached documents we have made up , I mean reconstituted
              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
              I have no formal legal training
              Any advice is offered without liability
              If in doubt take professional legal advice or contact the CAB

              Comment

              Announcement

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              SHORTCUTS

              Pre-Action Letters
              First Steps
              Check your dates
              Acknowledge a Claim
              CCA Request Letter
              CPR 31.14 Request Letter
              Subject Access Request Letter
              Example Defence
              Set Aside Application



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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