A debtors charter?

By Forbes Solicitors

14 Nov 2017

By Tom Smith, partner and head of dispute resolution, Forbes Solicitors.

On 1 October 2017, the all new, snappily entitled Pre Action Protocol for Debt Claims came into force, codifying the behaviour that the courts will expect from creditors before they seek to recover payment through the courts.

The provisions are, on the face of it, quite onerous to creditors, expecting exchange of detailed information and allowing significant time before court proceedings should be issued. So who does it apply to?

It applies to all businesses seeking to recover money from individuals. The good news is that it does not include limited companies or partnerships. The bad news is that it does include sole traders.

As such, most  businesses supplying goods or services will be caught by the Protocol in some way or other. So what are the new requirements?

They mostly relate to the provision of information and timeframes, which were not previously prescribed. In particular:

The Debtor will have 30 days to respond to a letter before claim There is a heavy burden on creditors to provide documentation to accompany a much more detailed letter before claim: Full details of the basis of the agreement need to be included; An up to date statement of account needs to be enclosed An Information Sheet A Reply Form A Financial Statement form The debtor may request further time for up to 30 additional days to seek advice, time to pay or request further documentation If the debtor responds to the initial letter but no agreement is reached, a further 14 days' notice of court proceedings must be given. So what is the aim of the protocol and will it succeed?

The aim is to encourage parties to exchange information early in the process to avoid the need to instigate court proceedings.

Whilst that is a noble ambition, the amount of documentation that creditors will have to prepare is significant and the risk is that debtors use the prescribed time limits and burnens on the creditors to delay paying even further

One clear flaw is that the significant documentation (12 or 13 pages we think) will have to be sent by post unless express consent to receive emails is obtained. That means expensive printing and postal charges, in addition to having to wait for the debt to be paid!

Our suggestion to clients is that we can help to make sure they are protocol compliant early on in their credit control process or as soon as it appears that payment may not be forthcoming promptly. That way, you will not be obliged to delay any further if you have to instruct solicitors to instigate a court claim to recover the monies and we can proceed straight to final demand and issuing the claim.

Latest news

1

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

2

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 Aug 2026

3

Blackpool submits culture bid supported by 20,000 Blackpool Is In The Longlist For UK City Of Culture 2029

Blackpool submits culture bid supported by 20,000

12 Aug 2026

4

Seriun completes Snowdon Fridge Challenge Snowdon Peak Photo.png.png

Seriun completes Snowdon Fridge Challenge

11 Aug 2026

5

Development partner wanted for £90m Blackpool homes plan Blackpool Seafront

Development partner wanted for £90m Blackpool homes plan

11 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

The Ultimate Network
Lancaster And Morecambe Logo 13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin