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

[julies]

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?

[warwick65]

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

[Diana M]

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