Changes to Debt Pre Action Protocols - Your views

[Amethyst]

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 ?
.

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)

[enaid]

Re: Changes to Debt Pre Action Protocols - Your views

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.

[PAWS]

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.

[CharlieP]

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.

[PAWS]

Re: Changes to Debt Pre Action Protocols - Your views

Anyone noticed an increase in activity seeing as this comes into force on Oct. 1^st? 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.

[warwick65]

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