• January 2018
    PAPa Debt!

    The title of this article includes the acronym for the new Pre-Action Protocol for Debt Claims. It came into force on the 1st October 2017.  The Civil Procedure Rules contain Protocols for other types of claim but this one applies to any business, including a sole trader pursuing debts from an individual, who can also be a sole trader. 

    It seeks to encourage early engagement and communication between the parties including exchange of information to help clarify the issues, enabling them to resolve the matter without the need to start Court proceedings.   This can include negotiation, mediation,.and other types of dispute resolution .    It encourages parties to act in a reasonable and proportionate manner without running up costs and sees that if proceedings do have to commence that they will be managed in an efficient manner.

    Under it, the Creditor must provide full details including how the debt arose, from what contract, if interest is claimed and giving an up to date statement of debt .   The creditor must provide a reply form (Annex 1) and  a debtor  financial statement  (Annex 2).

    The letter of claim should be sent by post and to such other addresses (including email) as the debtor may have.   If the debtor does not reply within 30 days proceedings can commence.    If the debtor does reply in time indicating they are seeking debt advice, the creditor must allow the debtor a reasonable time period for obtaining that advice usually not less than 30 days from the reply form.   If the debtor has asked for further documentation from the creditor, he/she must provide that documentation or explain why it is absent within 30 days of the receipt of request.   If the debtor indicates they require time to pay, the parties should try to reach agreement for the debt to be paid by instalments based upon the debtor’s income and expenditure which should be set out in Annex 2.   Where agreement is reached concerning repayment of the debt, the creditors should not start proceedings if those terms are complied with.   The Court will expect the parties to have complied with this protocol before commencing any proceedings in order to enable claims to be settled without them, and if Court proceedings are commenced a reasonable attempt has been made to narrow the issues to reduce Court time. 

    The information sheet provided by the creditor will give the debtor information about seeking debt advice from the CAB and other organisations.     

    While the Protocol may initially increase the administrative cost of debt recovery, once  in place  it may well lead to a more efficient  and successful means of recovering debts  and it can  avoid unnecessary litigation costs.  Debtors can put forward their position clearly and indicate the difficulties they may have financially so that repayments can be made over a reasonable period without litigation costs or the risk of having a County Court Judgement against their name.

    This article provides only a general summary and is not intended to be comprehensive.  Special legal advice should be taken in any individual situation.


    back to articles...
Like most websites...
...Jackamans uses cookies in order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. These cookies are completely safe and secure and will never contain any sensitive information. They are used only by Jackamans and will not be shared with anyone else.
Read our cookies policy

how we use your information

This privacy notice tells you what to expect when Jackamans collects personal information.

visitors to our websites

When someone visits a we collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website. We will not associate any data gathered from this site with any personally identifying information from any source. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

use of cookies by Jackamans

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

the cookies we use

acceptance Cookie

When you accept cookies from our site we write a cookie called jm_c_opt_in to your machine. This stores your acceptance so that when you return to our site in the future you will not have to accept cookies again.

system cookies

A set of system cookies are used to store information allowing functionality. These include data relating to a users membership, such as log-in details, if the user has signed up to any memberships on the site.

Google analytics

We store analytics cookies on your computer as soon as you visit this site. We need to do this to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited. These cookies are listed below:





To opt out of being tracked by Google Analytics across all websites visit

cookie control

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit