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Pre-Action Protocols

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  • Pre-Action Protocols

    Hi All,

    I wondered, does the new Pre Action Protocols, October 2017, apply to people that have been contacted by Debt Collecting Agencies before this date?

    Many thanks

    Bobs
    Tags: None

  • #2
    Re: Pre-Action Protocols

    As long g as a letter before action hasn't been sent although I think arguably they might need to send another if no claim has been ussued

    Comment


    • #3
      Re: Pre-Action Protocols

      Please don't quote me on any of that or use it as something to hit them with- get some good proper advice

      Comment


      • #4
        Re: Pre-Action Protocols

        Hi Warwick65,

        In my case a claim has been issued but then stayed. I am currently waiting for all the information that i requested from the Debt Collecting agency but it has been a few months now since my requests. Maybe they are looking at the new protocol and are actually responding in the correct manor to these new regulations.

        Many thanks

        bobs

        Comment


        • #5
          Re: Pre-Action Protocols

          Hi Warwick65,

          Of course i wouldn't quote you! I was hoping for some views to digest and ponder. Thanks for your response but i guess this is all new to everyone at the moment and suspect that I will have to wait and see.

          Many thanks for your quick response.

          Bobs

          Comment


          • #6
            Re: Pre-Action Protocols

            Originally posted by bobsfrancis View Post
            In my case a claim has been issued but then stayed. I am currently waiting for all the information that i requested from the Debt Collecting agency but it has been a few months now since my requests. Maybe they are looking at the new protocol and are actually responding in the correct manor to these new regulations.
            At the risk of stating the obvious “Pre Action Protocol” refers to steps which should be taken (after 1st October 2017) prior to the Claimant issuing legal proceedings.

            You've already received a claim. It’s been stayed. Do you have a thread on the forum where I may be able to offer help ?

            Di

            Comment


            • #7
              Re: Pre-Action Protocols

              Hi Di,

              Many thanks for your kind offer. You have helped before with your experience and guidance. I am in that empty void stage of waiting for the next letter! I Here is my last post link but i don't think that i can do much but just wait! The worst part of all this!

              http://legalbeagles.info/forums/show...ht=#post749843

              Many thanks again for your kind offer and i am open to any views or suggestions.

              Bobs

              Comment


              • #8
                Re: Pre-Action Protocols

                Originally posted by bobsfrancis View Post
                Hi Di,

                Many thanks for your kind offer. You have helped before with your experience and guidance. I am in that empty void stage of waiting for the next letter! I Here is my last post link but i don't think that i can do much but just wait! The worst part of all this!

                http://legalbeagles.info/forums/show...ht=#post749843

                Many thanks again for your kind offer and i am open to any views or suggestions.

                Bobs

                I suspect that the answer is to consider the rather obvious definition, they are Pre-Action Protocols so apply after the action rather than during it. Just a non-legal opinion.

                Regards

                Comment


                • #9
                  Re: Pre-Action Protocols

                  Thanks Spirit200 and Di,

                  If this claim was started by one DCA, but then stayed. If another DCA company starts the claim again does this constitute a new claim, and therefore, the current Pre-Ation Protocols should be adhered to? Discuss

                  Many thanks

                  Bobs

                  Comment


                  • #10
                    Re: Pre-Action Protocols

                    I didn't realise it was possible for a claim to be restarted by a different claimant. If a new claim is started, yes I think the Debt PAP should be followed.

                    Are you just asking these questions about future possibilities or is something actually happening to your case?

                    Comment


                    • #11
                      Re: Pre-Action Protocols

                      Originally posted by bobsfrancis View Post
                      Thanks Spirit200 and Di,

                      If this claim was started by one DCA, but then stayed. If another DCA company starts the claim again does this constitute a new claim, and therefore, the current Pre-Ation Protocols should be adhered to? Discuss

                      Many thanks

                      Bobs
                      If the claim is stayed, and the debt is sold on during the stay, the original claimant needs to be replaced at the court, the new DCA can't just bring a new claim on the same cause of action. What's the actual position here?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Pre-Action Protocols

                        While we're on the subject....

                        Letter Before Claim - April 2016 - pay up in 14 days or else.
                        County Court claim issued October 2017

                        Would the Claimant be able to rely on the pre- new PAP LBC, given the delay?
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Pre-Action Protocols

                          Originally posted by charitynjw View Post
                          While we're on the subject....

                          Letter Before Claim - April 2016 - pay up in 14 days or else.
                          County Court claim issued October 2017

                          Would the Claimant be able to rely on the pre- new PAP LBC, given the delay?
                          I that is way too old. But it will come down to the opinion of the int he case I think.

                          Comment


                          • #14
                            Re: Pre-Action Protocols

                            Originally posted by Debt Camel View Post
                            I that is way too old. But it will come down to the opinion of the int he case I think.
                            I agree, & it's not just a hypothetical scenario..
                            Over the last few weeks I've seen many actual cases of this
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: Pre-Action Protocols

                              Originally posted by charitynjw View Post
                              Over the last few weeks I've seen many actual cases of this
                              I suspect that social policy may be a better way to progress these than fighting individually through the courts.

                              Can I encourage you to suggest to cases that you that
                              a) they should put in a formal written complaint to the DCA (not the solicitor) that the debt PAP was not followed, ask for compensation and take it to the FOS if that is rejected. Also ask for any relevant action to be taken on the court case, but often there may not be anything.
                              b) the customer should report the incident to National Debtline. This needs a credible party to assemble a body of complaints to take action.
                              c) the customer should put in a complaint to the FCA which will not benefit them at all.

                              I know this is a lot to ask of someone who is already stressed

                              Comment

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