Letters Before Action

New guidelines for issuing Pre-Action chasing letters or Letters Before Action (LBAs) come into effect on 1st October 2017.  LBAs are referred to as “Letter of Claim” within the Protocol.

The main changes required by the Protocol are that all letters of claim must give much more detail about the amount of the debt, the nature of the debt and what steps the debtor must take to comply with it.  The letter of claim must also enclose an up to date statement of account for the debt, which should include details of any interest and administrative or other charges added.  The letter of claim must allow the debtor 30 days to respond.

The purpose of the Protcol is to encourage matters to be resolved without the need to commence court action and to exchange early and full information about the debt.

Whilst the practice of issuing court action by return will be prohibited, we believe the guidelines will give more scope for Credit Collections (UK) Ltd to actively chase payments, resolve disputes or negotiate a payment plan within the 30 days period.  This potentially could be a cost saving exercise as court fees will not be incurred.  By utilising the Late Payment Legislation our charges can be recovered from the Debtor together with compensation and interest.

The Pre-Action Protocol for Debt Claims


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