• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Is the Letter before action now a MUST for the DCA before going for a claim?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is the Letter before action now a MUST for the DCA before going for a claim?

    This is something I could not figure out clearly and would really appreciate your input and knowledge dear forum members.

    1. Are DCAs now obliged to follow the process and send the letter before claim to the defendants for alleged debt?

    2. Or are there any circumstances where they can proceed directly to the Court to get a CCJ claim started?

    3. or go for an SD?


    The questions above would be a general ask for general circumstances as I believe it would be good to know for many

    So any experienced views and opinions from Amethyst nemesis45 Diana M warwick65 EXC charitynjw MIKE770 Kati would be greatly appreciated, as well as from the other forum members.


    I will also list a more specific sample below, but again this is just one specific example:

    DCA is Cabot
    The alleged debt shows as defaulted on credit file just under 6 years ago and is about to be SB some time around October 2018
    No payments, contact or any acknowledgement of the alleged debt has happened
    The alleged debt is for a credit card for the account started around 2004 (so pre 2007 most importantly)
    NO CCA request has been sent yet


    What do you all think?
    Tags: None

  • #2
    They should follow the process but there are allowances made in the protocols for exceptional circumstances , one might be if the debt is about to become statute barred

    Comment


    • #3
      Originally posted by julies View Post
      1. Are DCAs now obliged to follow the process and send the letter before claim to the defendants for alleged debt?

      2. Or are there any circumstances where they can proceed directly to the Court to get a CCJ claim started?

      3. or go for an SD?

      Pre Action Protocol doesn't apply to Statutory Demands since they are not a court document.

      Di

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X