New Litigation Partner at Pinney Talfourd LLP

We are delighted to announce the appointment of a new Partner at Pinney Talfourd LLP.  Nick Hatchett is a renowned commercial litigation specialist and was appointed a Partner on 1st November 2019.Nick joined the firm in 2018 and leads the commercial litigation team within the Commercial Department,...
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A more efficient way of recovering debts?

On 1 October 2017, a new Pre-Action Protocol for Debt Claims came into force.

The Protocol sets out criteria which a creditor must follow prior to issuing a claim. It applies to any business claiming payment of a debt from an individual (including a sole trader) but is not applicable to business-to-business debts unless the debtor is a sole trader.

The Protocol aims to encourage early engagement and enable the parties to resolve the matter without the need for court proceedings.


steps to be taken by the Creditor

A Letter of Claim must be sent to the debtor. It should include the information specified in the Protocol, for example:

  • the amount of the debt;
  • whether interest or other charges are continuing;
  • details of the agreement which the debt arises from;
  • details of how the debt can be repaid

The Letter should enclose:

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