Are you following the Pre-Action Protocol for Debt Claims?

On 1 October 2017 the new Pre-Action Protocol for Debt Claims (the Protocol) came into effect.

When you are intending to take action to recover service charge arrears, unpaid rent or any other debt without seeking possession, you must ensure you are complying with this Protocol.

The aim of the Protocol is to encourage early engagement and communication between parties and to encourage parties to act in a reasonable and proportionate manner, support efficient case management and assist the parties to resolve the matter without the need to commence legal proceedings.

The key point to note is that you should be giving debtors 30 days to respond to your letter before claim. Your letter before claim should also include an Information Sheet and Reply Form, both of which are appendixes to the Protocol.

If you have any questions or queries regarding the new Protocol, please kindly contact Hetal Ruparelia.

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