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 on the debtor.

Where there is no specific notice that needs to be served, a letter of claim would be served on the debtor. 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 or letter being served, if the debtor fails to respond or pay the debt owed, a money claim may then be issued in the County Court. In the case of bankruptcy, a petition could be made in the County Court.

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

pre-action protocol for private landlords by landlord advice
Possession claim procedure for eviction

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