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Thread: Changes to Debt Pre Action Protocols - Your views

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  1. #51
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    Cool Re: Changes to Debt Pre Action Protocols - Your views

    Quote Originally Posted by Amethyst View Post
    We'll still have to beg. But we'll get the wonderful opportunity to complete a form before they send a court claim out. They do hint strongly toward people asking for a copy of the contract but then it is hidden away on page two in Box J.

    Actually it does give consumers a bit of stalling time - 30 days to respond to formal pre-action letter, then possibly another 30 days if you are seeking debt advice.
    well if you amethyst says it's good well that's good enough for me..

  2. #52
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    AND, the original lenders should not be allowed to simply fling peoples details about without first having to prove the debt exists either. What about the case where an MD of a large firm was hounded by a debt collector who called the company he worked for introducing himself as a Debt Collector who chased people who have ‘done a runner’. He claimed the chap owed American Express money. The chap went straight to a solicitor (who it turns out was rubbish) with the final statement showing he had closed his Amex Card with a 0 balance. He eventually got his solicitors fees paid but the rumours at work were rife and he eventually left in a cloud of shame and embarrassment because, when it comes to debt, the accused is assumed guilty regardless of the outcome.
    At least Faust had a bloody choice before his soul was sold.
    Looks like I picked the wrong day to cut down on my smoking!!!!

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  3. #53
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    Default Re: Changes to Debt Pre Action Protocols - Your views


  4. #54
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Not sure if this is in the right place but I am being taken to court after nearly 3 years (due to not hearing from claimant) The court claim form came out of the blue last week.

    I didn't receive any letter from claimants solicitor with just a 2 line claim with no evidence. I responded immediately with a ream of paper as evidence including invoices etc.

    As I didn't receive any letter laying out their claim , the property address which the claim was purporting to is wrong and also the address the claimant has put on is different to the one on our contract, on their website and on companies house. (The address is a personal address of one of the members of the company ) How will the court look at the claim under these new protocols ??

  5. #55
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Quote Originally Posted by bb41 View Post
    Not sure if this is in the right place but I am being taken to court after nearly 3 years (due to not hearing from claimant) The court claim form came out of the blue last week.

    I didn't receive any letter from claimants solicitor with just a 2 line claim with no evidence. I responded immediately with a ream of paper as evidence including invoices etc.

    As I didn't receive any letter laying out their claim , the property address which the claim was purporting to is wrong and also the address the claimant has put on is different to the one on our contract, on their website and on companies house. (The address is a personal address of one of the members of the company ) How will the court look at the claim under these new protocols ??
    Hello, you're in the wrong place, you will need to start a new thread, go to where it's says court claim and everything you need to know is there. I'm sure someone will reply to you soon, they are very good here. Good luck.

  6. #56
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    A new pre-Action Protocol for Debt Claims is introduced and comes into effect on 1 October 2017.The new protocol can be seen in the Pre-Action Protocol for Debt Claims (PDF)
    Source: Civil – Civil Procedure Rules
    The rules bring in new requirements for creditors to provide full information about a debt, including a statement of account and details of charges, and inform the debtor of his right to request copies of any agreement the debt may be based upon, at the letter before claim stage of proceedings.
    The creditor must give debtors 30 days to respond to the letter before claim, and provide a form for the debtor to complete indicating whether they are seeking debt advice, wish to pay the debt or have a dispute over the debt.
    Should a claim continue to the courts the court will consider the parties compliance with the new protocols when managing the case.
    The information and reply sheets are included in Pre-Action Protocol for Debt Claims (PDF) in the Annex.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  7. #57
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Jeeez that will scupper a few DCAs me thinks or am I wrong?


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  8. #58
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    mmm not sure, I'm not overly keen on the wording of the reply sheet - it's all heavily biased towards paying - plus I'm thinking on statute barring side of things too. Overall positive though, information provision, and should relieve the pressue on the courts a bit because lots of claims are simply settled when the debtor receives it - so this might cut out some of that, and also might save DCA's taking a claim to court where it is disputed or they don't have the agreement etc to comply with the CCA - as they'll know before issuing that the debtor is likely to defend on that basis, so save thousands of claims just going on hold while the DCAs scurry about trying to find some kind of proof the debt exists - should have to do that first.

    Yip overall good I think, see how it works in practice / proof of the pudding etc.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  9. #59
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Nothing on SB as I can see but surely that can not over rule the Limitations act ?
    Like you say it needs testing and am thinking round about Christmas time we will have quite a few new members struggling with how and what to do.


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  10. #60
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Quote Originally Posted by Amethyst View Post
    mmm not sure, I'm not overly keen on the wording of the reply sheet - it's all heavily biased towards paying - plus I'm thinking on statute barring side of things too.
    Have to read it all properly, but I guess they have to tread a line between covering some bases on spurious DCA claims and keeping it more general.

    To be honest, it is better than I was afraid it was going to be!

  11. #61
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Quote 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)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  12. #62
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    Default Re: Changes to Debt Pre Action Protocols - Your views

    Quote 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.


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  13. #63
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    Default 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'!
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  14. #64
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    Default 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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