Please vote as to whether you agree with the proposed new Court Procedural Rules with regards Debt claims, and give any opinions you have on the issue below. These are due to come into force in April 2015, however a number of creditors have complained there was no consultation period, thus there is now a consultation, which we want to respond to to help ensure these get bought in and claimants are forced to actually have the relevant information available BEFORE submitting a court claim. I appreciate there is quite a bit of reading but it is a very important issue and one we deal with constantly on here.
INITIAL INFORMATION TO BE PROVIDED BY THE CLAIMANT
3.1 The claimant should send a letter of claim to the defendant before proceedings are commenced—
INITIAL INFORMATION TO BE PROVIDED BY THE CLAIMANT
3.1 The claimant should send a letter of claim to the defendant before proceedings are commenced—
(a) containing the Notice set out at paragraph 3.2 of the Protocol;
(b) providing details of the amount of the debt and any payments made by the debtor, including—
(b) providing details of the amount of the debt and any payments made by the debtor, including—
(i) whether it includes interest and, if so, setting out any interest calculation;
(ii) whether it includes charges and other sums and, if so, setting these out;
(iii) where the debt arises out of a written agreement, either a copy of that agreement or an explanation of why no copy is available; and
(iv) where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed;
(ii) whether it includes charges and other sums and, if so, setting these out;
(iii) where the debt arises out of a written agreement, either a copy of that agreement or an explanation of why no copy is available; and
(iv) where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed;
(c) providing, where relevant, details of the original debt and creditor, and any assignments of the debt together with details of the relevant notices of assignment;
(d) if regular instalments have been offered by or on behalf of the defendant, or are being paid, explaining why a court claim is being considered;
(e) providing details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(f) stating that the defendant can contact the claimant in order to discuss repayment options and providing the relevant contact details;
(g) requiring the defendant to return the defendant’s reply form, at Annex 1, in the self addressed envelope, enclosed with the letter of claim, within 28 days; and
(h) informing the defendant of the steps to be taken if the debt is disputed (see paragraph 5), including informing the defendant of the importance of obtaining independent advice, and that free independent advice and assistance can be obtained from various organisations, including those listed in the table below.
3.2 The claimant should enclose with the letter copies of—(d) if regular instalments have been offered by or on behalf of the defendant, or are being paid, explaining why a court claim is being considered;
(e) providing details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(f) stating that the defendant can contact the claimant in order to discuss repayment options and providing the relevant contact details;
(g) requiring the defendant to return the defendant’s reply form, at Annex 1, in the self addressed envelope, enclosed with the letter of claim, within 28 days; and
(h) informing the defendant of the steps to be taken if the debt is disputed (see paragraph 5), including informing the defendant of the importance of obtaining independent advice, and that free independent advice and assistance can be obtained from various organisations, including those listed in the table below.
(a) this Protocol (the Pre-Action Protocol for Debt Claims);
(b) a full statement of account, including details of—
(b) a full statement of account, including details of—
(i) all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated;
(ii) any payments already made by the debtor;
(ii) any payments already made by the debtor;
(c) the contract or agreement between the parties; and
(d) the defendant’s reply form in the annex to this Protocol, together with a self-addressed envelope.
3.3 The following NOTICE must be included at the beginning of all letters of claim—(d) the defendant’s reply form in the annex to this Protocol, together with a self-addressed envelope.
[I]“This letter sets out the information that the enclosed Pre-action Protocol requires [us] [me] to send you. You are required to complete and return the reply form at the end of this letter so that [we] [I] may know your response to [our] [my] claim. If you fail to do so, and we are forced to start proceedings for the money you owe the court could order you to pay any additional court costs and/or legal fees which [we] unnecessarily incur as a result.
The Civil Procedure Rules require that, before starting court proceedings, the parties should (1) exchange information about the claim and the defence to the claim (if there is one) and (2) try to settle the matter without going to court. This claim is governed by the Pre-Action Protocol for Debt Claims which is enclosed with this letter and is also available at http://www.justice.gov.uk/courts/pro...civil/protocol.
A successful court claim against you will normally add court costs to the debt and possibly legal and/or other fees as well. You are strongly recommended to seek independent advice on this matter. Free independent advice and assistance can be obtained from various organisations including those listed in Annex 2 to the attached Pre-Action Protocol for Debt Claims.”
The Civil Procedure Rules require that, before starting court proceedings, the parties should (1) exchange information about the claim and the defence to the claim (if there is one) and (2) try to settle the matter without going to court. This claim is governed by the Pre-Action Protocol for Debt Claims which is enclosed with this letter and is also available at http://www.justice.gov.uk/courts/pro...civil/protocol.
A successful court claim against you will normally add court costs to the debt and possibly legal and/or other fees as well. You are strongly recommended to seek independent advice on this matter. Free independent advice and assistance can be obtained from various organisations including those listed in Annex 2 to the attached Pre-Action Protocol for Debt Claims.”
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