Pre-Action Protocol for Debt Recovery Claims - An Introduction

Introduction

A pre-action protocol sets out what must be done, in relation to a claim to which it applies before court proceedings are issued.

Many creditors that wish to recover a debt assume that the first step is to issue a court claim; to file a drafted claim form with the court and proceed to a full hearing.

This is not the case, and there is in fact an entire pre-action protocol setting out the procedure that must be followed before putting pen to claim form!

Failure to comply with a pre-action protocol will be taken into account in any court proceedings that follow and the defaulting party may be ordered to pay additional costs, perhaps on an indemnity basis, if they fail to comply.

This webinar will look at the various pre-action protocols that apply to debt recovery claims, which protocol applies and in which circumstance, how to comply with the various protocols and sanctions that can be imposed for failing to do so.

What You Will Learn

This webinar will cover the following:

• What is the debt recovery pre action protocol and to whom does it apply?
• When does the debt recovery protocol not apply?
• What are the main requirements that those subject to the protocol must adhere to?
• The implications for not complying with the protocol and how this may affect your recovery
• Exemptions from using the protocol. What are they and when do they apply?
• Helpful hints and tips for creditors subject to the protocol to assist in recovering debt

This webinar was recorded on 10th June 2024

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