Q&As

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?

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Published on LexisPSL on 09/12/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?

We have assumed that It is assumed that the Pre-action Protocol for Debt Claims applies to the claim.

As indicated by your question, pursuant to paragraph 3.4 of the Pre-Action Protocol for Debt Claims (the Debt Protocol), if the debtor does not reply to a letter of claim within 30 days of the date of the letter, the creditor may start court proceedings, subject to any remaining obligations the creditor may have to the debtor (for example, under the Financial Conduct Authority's Handbook).

For detailed guidance on the specific steps that a party should take and timing considerations when commencing proceedings in respect of claims governed by the Debt Protocol, see:

  1. Practice Note: Debt claims and pre-action conduct

  2. Flowchart—starting proceedings under the Pre-Action Protocol for Debt Claims

We are not aware of any

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