Q&As

Are there any reported cases concerning the Pre-Action Protocol for Debt Claims which concern the issue of a claim following non-compliance with this protocol or where an alternative protocol has been followed in error?

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Published on LexisPSL on 15/03/2018

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

  • Are there any reported cases concerning the Pre-Action Protocol for Debt Claims which concern the issue of a claim following non-compliance with this protocol or where an alternative protocol has been followed in error?
  • When the Pre-Action Protocol for Debt Claims (the Protocol) applies
  • Consequences of non-compliance

We have not been able to find any case law on the specific point raised in your query. However, we refer you to the following information which you may find useful.

When the Pre-Action Protocol for Debt Claims (the Protocol) applies

The Pre-Action Protocol for Debt Claims (in force from 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader (Pre-Action Protocol for Debt Claims, para 1.1). Prior to 1 October 2017, such claims were governed by the Practice Direction Pre-Action Conduct and Protocols (the Prac

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