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,...
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;