Legal Update

The New Debt Recovery Protocol


 

The new Debt Recovery Protocol IS NOW IN FORCE and places more onerous provisions on businesses recovering debts from individuals and sole traders.

If you have not already ammended your debt recovery procedures in order to comply with the new protocol you may run the risk of delaying debt recovery claims or even jeopardising your prospects of recovering debts owed to you.

Below are some of our frequently asked questions in relation to the new protocol, if the answer you are looking for is not listed below please do not hesitate to contact us where we are more than happy to answer your queries.

Why has the system changed?

The system has changed in order to encourage earlier exchanges of information and to reduce the number of debt recovery claims reaching court.

What has changed?

The new system stipulates that a more extensive Letter of Claim must be sent to the debtor and now must include prescribed information including details of how the debt arose and if any interest has been added to the debt. The Letter of Claim must also attach certain additional documents, including the new information and reply sheets.

The protocol has also lengtherned the length of time you must wait before issuing your claim. Depending on whether the debtor requests more information from you regarding the outstanding debt, under the new protocol you may have to wait three months after sending your Letter of Claim before you may issue court proceedings.

Do the changes affect my company?

These changes will affect every company recovering debts from an individual or sole trader.

Given the extended time periods within the new protocol you may wish to restructure your debt recovery system to ensure it is as efficient as possible and ultimately reduce the length of time taken to recover debts.

It is also important you make sure your Letter of Claim is compliant with the new protocol and includes all the prescibed information and documents. If your Letter of Claim is not complaint with the new protocol it may cause delays in terms of issuing a compliant Letter of Claim later in the process or you may face sanctions from the court should a claim be issued.

How can Carrick Read help?

Our Debt Recovery Team are on hand to answer any quries you may have in relation to the new protocol.

We are also providing training sessions on the new protocol and its place within your company. If you would like to organise a training session for your company please contact our Debt Recovery Manager, Mr Matthew Perry on 0113 2467887.

 

For general enquiries please call 0113 2467878.

 



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Carrick Read Insolvency Solicitors
12 Park Place, Leeds, West Yorkshire,
LS1 2RU, United Kingdom

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