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Pre-action protocol???
MUFC1958
Posts: 6 Forumite
Hey, I'm sorry if this has been discussed before, but I need a little help with a letter I'm planning on sending to Littelwoods(well, National Debt Recovery). I owe them around £350, but they refuse to accept my offer of £1 per-month, even though it was the C.A.B who recommended this offer.
I was advised on this site that the National Debt Helpline's website contained various templates to send to creditors (very useful) but I'm a little unsure about a certain sentence in one of the paragraphs: "Paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties "to act reasonably...in trying to avoid the necessity for the start of proceedings."
What exactly is a pre-action protocol, and/or how does it affect me? Is there anyway I can find out if this affects me; obviously, I don't want to send a letter which uses technical jargon and sound like an idiot if my account is cover by one of these things.
Any advice would be great.
Brett
I was advised on this site that the National Debt Helpline's website contained various templates to send to creditors (very useful) but I'm a little unsure about a certain sentence in one of the paragraphs: "Paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties "to act reasonably...in trying to avoid the necessity for the start of proceedings."
What exactly is a pre-action protocol, and/or how does it affect me? Is there anyway I can find out if this affects me; obviously, I don't want to send a letter which uses technical jargon and sound like an idiot if my account is cover by one of these things.
Any advice would be great.
Brett
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Comments
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Sorry can't help, but will bump it for you
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Cheers!:money:0
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The 'Practice Direction Protocols' including the 'Pre-action Protocols' can be found here:
http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_protocol.htm
The section that appears to be referenced in the NDL letter starts at Section 4.1 under the heading 'PRE-ACTION BEHAVIOUR IN OTHER CASES'.
The direction/protocols apply to legal claims in general, and are not just specifically aimed at legal proceedings to do with debt collection and credit.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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