Pre Action Collection
Our solicitors are vastly experienced in assisting individuals and companies of all sizes to facilitate and advise upon Pre Action Collection. At Blackstone Solicitors, we are able to advise many different types of client on the process involved, no matter the complexity of the circumstances being considered and the nature of the debt recovery.
For more information about how our team of corporate solicitors can help, contact us on 0345 901 0445 or complete our online enquiry form and a member of the team will call you back at a convenient time.
The pre-action protocol for debt claims will apply if a creditor thinks you owe them money and they are considering starting court action to recover it. It describes the way you and the creditor are expected to behave, and the actions you should take, before a court claim for payment of a debt is started.
Blackstone Solicitors are known for our efficiency, attention to detail and ability to get things done; qualities much needed when addressing a pre-action protocol. We will provide professional, pragmatic advice based on our years of experience in this specialist area.
Our team will do all that is necessary to ensure you are properly and robustly represented in any negotiation and will put your interests first at all times. Pre-action protocols can be highly technical and we will ensure you are in the best possible position for a successful outcome.
Why Legal Help is Important
It should be remembered that pre action collection can take place in companies of any size and in any industry.
The process can be complex, potentially stressful and can be considered to be
incredibly important. It can have an impact on you and your business, both in the short and long term – it is therefore imperative that you have the best legal experts at your side, not only to ensure everything progresses as it should, but also to make sure both you and your business benefits from the best possible terms of any agreement.
The Pre-Action Protocol for Debt Claims came into force on 1 October 2017. The Protocol applies to any business (either a partnership, sole trader, public body or in limited form) when claiming debt from an individual. However, it does not apply to business-to-business debts.
The intention of the protocol is to try and encourage early communication between the parties involved and by doing so facilitate the parties resolving the dispute without resorting to court proceedings. This also includes the possibility of using an Alternative Dispute Resolution Procedure. It also seeks to encourage the parties to mitigate any escalation of costs by acting in a reasonable manner.
The Protocol requires the creditor to send a letter of claim by post (unless the debtor has specifically indicated otherwise). The letter must include a prescribed list of information which includes
A breakdown of the outstanding debt.
Details of the agreement under which the debt arises.
The date of any written agreement, details of the parties, and confirmation that a copy of the agreement can be provided if requested by the debtor.
Details of any assignment of the original debt, when it was assigned and to whom.
An up to date statement of the account.
Details of how the debt can be paid along with details of how to proceed should the debtor wish to discuss payment options and;
The address to which the completed reply form and completed financial statement should be sent.
The Protocol sets out that further information should be attached to the letter of claim to include an information sheet, reply form and financial statement.
Whatever the circumstances are of this pre action collection, we ensure full compliance with corporate laws and regulations, so that you can be sure that the process is addressed on a firm financial and legal basis.
We will work with you to ensure all financial and legal aspects of any proposed action is properly managed. We are able to assist with any aspect of this and will guide you through the technicalities in a clear and concise way. We have a team of experienced solicitors well versed in the process who are ready to assist you.
Get in Touch
Find out more about our services and how our commercial litigation solicitors can assist you and your business by getting in touch. We have offices in Cheshire and London and are able to serve clients across the North West, including Chester and Manchester, as well as throughout the UK and also overseas.