Pre-Action Protocol

Before a claim for a debt can be made in the County Court, there are pre-action protocols to follow. These are the steps a creditor should take before issuing a claim against the debtor. The principal aim of a pre-action protocol is to resolve the matter without Court intervention but also provide notice of intended action should the debtor fail to comply.

In some cases, there will be a specific form or notice to serve, for example in the case of bankruptcy proceedings a Statutory Demand would first be served or in the case of a debt regulated by the Consumer Credit Act 1974 a Default Notice would need to be served.

Where there is no prescribed form, a letter of claim would be served. A letter of claim sets out the details of the claim, the legal basis of the claim, what the debt amount is and when it must be paid by to prevent Court action.

Upon the relevant notice being served, if the debtor fails to respond or pay the debt owed a money claim may then be issued in the County Court.

To use the money claim procedure the debt must be less than £100,000 (excluding interest or costs claimed) and the only remedy claimed is money. If you are seeking for remedies which is not limited to claiming for money there are alternative procedures that may be used.

Each case is different and a different protocol may apply from one case to another, therefore we provide estimated costs for drafting the relevant notice for each case and will not proceed without you agreeing to our fee first.

Our fee to draft and serve the relevant notice or letter of claim starts at £150 + VAT.

pre-action protocol for private landlords
Possession claim procedure for eviction

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