Changes to pre-action protocol to be implemented 1st October 2017
Options
sourcrates
Posts: 28,878 Ambassador
Long awaited changes to the pre-action protocol are to be introduced from the 1st October 2017.
Full details will no doubt be published on this site nearer the time, but the essential changes are :
Creditors must provide more information about a debt, including wether a credit agreement exists, and an opportunity for the debtor to respond, at least 30 days, before considering issuing a claim form, they must also allow the debtor to set up a payment plan, again without issuing a claim form.
Creditors must also send any documents by mail and email, if they have such details.
All parties are expected to have complied with the new protocol before any court action is started, the court can now take non compliance, by either side, into account when deciding a case.
Small but subtle changes.
I have the full email from the ministry of justice, but can't post it as the spam filter keeps kicking in, I can however forward it to anyone who is interested.
Full details will no doubt be published on this site nearer the time, but the essential changes are :
Creditors must provide more information about a debt, including wether a credit agreement exists, and an opportunity for the debtor to respond, at least 30 days, before considering issuing a claim form, they must also allow the debtor to set up a payment plan, again without issuing a claim form.
Creditors must also send any documents by mail and email, if they have such details.
All parties are expected to have complied with the new protocol before any court action is started, the court can now take non compliance, by either side, into account when deciding a case.
Small but subtle changes.
I have the full email from the ministry of justice, but can't post it as the spam filter keeps kicking in, I can however forward it to anyone who is interested.
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
0
Comments
-
As you say, subtle but meaningful changes.
The CCA bit will be interesting. I can forsee either a lot of non-compliance with that section, or lots of debts suddenly coming up before this deadline. After that though? Well, we shall see.
Making the creditors contact by e-mail too is good. People move house more than they move e-mail! However, the last bit about non compliance can mean that courts will see ignoring these letters before court action is taken as non-compliance. As we know that not telling the creditors of your address changes is not a defence then it'll make set-asides potentially harder.
I would love to see the full details of the changes.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards