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

Heysham 2 takes top UK nuclear generation title Heysham 2 Power Station

Heysham 2 takes top UK nuclear generation title

08 Jan 2026

2

Lancashire leader calls on chancellor to save the struggling high street sectors frank-mckenna-1000x500.jpg

Lancashire leader calls on chancellor to save the struggling high street sectors

08 Jan 2026

3

Pleasure Beach Resort extends its season for the second year in a row Avatar Airbender at Nickelodeon Land

Pleasure Beach Resort extends its season for the second year in a row

08 Jan 2026

4

Japanese business steps forward to buy Rossendale footwear group Harvey Jacobson and Gola trainers

Japanese business steps forward to buy Rossendale footwear group

07 Jan 2026

5

Combined authority spearheads £20m innovation cash bid Workers on the shop floor

Combined authority spearheads £20m innovation cash bid

06 Jan 2026

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
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event
LBV Hub Webinar
13 Jan 2026

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event

10:00 - 12:00

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Society1 Open Coworking Day
Open Day Square.png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

The Business Network Central and East Lancashire
LBV Header (28).png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin