Consumer Recoveries

Pre-Action Protocol for Debt Claims

Pre-Action Protocol for Debt Claims

Past, present and potential future impact

With the result of the Civil Procedure Rules Committee’s consultation on the form of a specific pre-action protocol for debt claims eagerly awaited and following the introduction of the Practice Direction on Pre Action Conduct and Protocols which came into force on 6 April 2015, keeping up with changes in this area of law is no easy task.

Court fees for money claims set to rise

Court fees for money claims set to rise

Originally anticipated to come into force on 1 March 2015, The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 was expected to take effect in April 2015. Following House of Lords approval on 4 March, this date has now been revised and is likely to be as early as Monday 9 March 2015.  The Order will mean yet another increase in court fees payable upon issuing claims to recover money.

Creditors set to lose interest in Bankruptcy?

Creditors set to lose interest in Bankruptcy?

The Department for Business Innovation and Skills has announced a number of measures designed to protect financially vulnerable people against what respondents to the Insolvency Service's Consultation on Debt Relief Orders and the Bankruptcy limit cited as “disproportionate” enforcement activities. Announcing the proposals, Business Minister Jo Swinson said “I believe that someone should only be put into bankruptcy by a creditor for a significant level of debt, especially taking into account that various other debt collection methods, such as county court judgments, are available...”

Further technology innovation at Optima Legal

Further technology innovation at Optima Legal

Optima Legal has announced the successful integration of its recoveries case management system with the Courts Service’s new Secure Data Transfer system (SDT).  

SDT replaces the Criminal Justice Secure Email service used by the County Court Business Centre in Northampton.  A modern and secure system, SDT enables the bulk issue, upload and transfer of data files directly from Optima’s recoveries case management system to HM Courts & Tribunals Service systems.  

Removing the mystery around debt in Scotland

Removing the mystery around debt in Scotland

Denise Loney, Partner and Head of Litigation Services - Optima Legal Scotland, unravels the mystery surrounding debt in Scotland.

Scottish debt recovery and enforcement procedures are often seen as complex and costly. This perception is based, to a large extent, on unfamiliarity with Scottish terminology together with a lack of experience on the part of some creditors, in pursuing Scottish debts.  

A leaner landscape

A leaner landscape

Creditors have sized up and sharpened their panels - and for lawyers it’s been no different. What's left is a set of clearer, coherent strategies for litigation in future, amid an onslaught of rule changes. Finding and delivering the right outcome for consumers. This phrase, or familiar versions of it, has become the penchant of directors heading up creditors' recoveries teams across the board. 

The Rise of the Litigant in Person

The Rise of the Litigant in Person

Much has been spoken and written about the 2013 Jackson reforms, with the focus invariably being on funding and costs-related issues, but there are other consequences of the changes which have entered through the back door with much less fanfare.

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