Debt Litigation

Details of the final version of the Pre Action Protocol for Debt Claims confirmed

Details of the final version of the Pre Action Protocol for Debt Claims confirmed

On 22 March 2017, the final version of the Pre-Action Protocol for Debt Claims (the Protocol), to be annexed to the Civil Procedure Rules of England & Wales was published, with an implementation date of 1 October 2017.

The Protocol will apply to all civil court claims by a ‘business’ seeking payment of a debt from an ‘individual’ (including sole traders), unless the claim is of a type already covered by another Pre-Action Protocol (such as the mortgage possession claims PAP). 

The main requirements of the Protocol include:

Is the English & Welsh court procedure for delivering new court claims likely to follow the Scottish “Simple Procedure”?

Is the English & Welsh court procedure for delivering new court claims likely to follow the Scottish “Simple Procedure”?

Stakeholders in the unsecured lending sector may find the parliamentary debate instigated by Chris Evans MP, which took place before Christmas of some interest.  The debate deals with perceived issues surrounding the methods of service of civil legal proceedings on individuals currently used in the England & Wales jurisdiction.

The Second Draft Pre-Action Protocol: A balanced proposal addressing the interests of creditors and debtors?

The Second Draft Pre-Action Protocol: A balanced proposal addressing the interests of creditors and debtors?

Introduction

In September 2014, a consultation by the England & Wales’ Civil Procedure Rule Committee (the CPRC) on the first draft Pre-Action Protocol for Debt Claims closed. At that time, the pre-action provisions in force governing debt claims were found in Annex B to the general Practice Direction on Pre-action Conduct. 

Counting down: Two months left to restore companies dissolved before 1 October 2009 to the companies register

Counting down: Two months left to restore companies dissolved before 1 October 2009 to the companies register

With two months left before 1 October 2015, the deadline for restoring a previously dissolved company to the companies register is fast approaching.  With significant consequences for secured lenders with accounts where the security provided for mortgages and/or loans was granted by companies who have subsequently been dissolved, we consider the potential impact and next steps.

Government announces another round of Civil Court fee rises

Government announces another round of Civil Court fee rises

Despite previous consultations regarding increases to court fees receiving overwhelming opposition, the Government has announced its intention to implement another round of civil court fee increases and launch a consultation regarding further civil court and tribunal changes.

In its paper ‘The Government response to consultation on enhanced fees for divorce proceedings, possession claims, and general applications in civil proceedings and Consultation on further fees proposals’, published on 22 July, the Government stated that it intends to increase Civil Court fees for: 

Unintended consequences of the 2015 Summer Budget

Unintended consequences of the 2015 Summer Budget

In his 2015 summer Budget, the Chancellor of the Exchequer, George Osborne announced a raft of measures intended to “recognise the hard work and sacrifice of the British people” with a Budget that “sets out a plan for Britain for the next 5 years to keep moving us from a low wage, high tax, high welfare economy; to the higher wage, lower tax, lower welfare country.” 

Return of goods orders - understanding your enforcement options

Return of goods orders - understanding your enforcement options

Increasing numbers of customers are refusing to allow creditors’ recovery agents to collect goods subject to a ‘return of goods order’ on the basis that there is a risk of trespass or damage despite the fact that in most cases the goods in question are clearly visible and there is no evident risk of either.

Court Fee Increases - Law Society rule out Judicial Review

Court Fee Increases - Law Society rule out Judicial Review

It was reported that the Law Society had escalated its fight against the new court fees payable on commencing civil legal proceedings, by delivering a pre-action protocol letter of claim on 23 February 2015. In some cases, the applicable fee increases equal a rise of 600%. The Law Society’s pre-action protocol letter was the precursor, if necessary, of the Law Society beginning formal court proceedings to seek Judicial Review of the introduction of the ‘enhanced fees’, which the Law Society claimed would be tantamount to selling justice contrary to the principles of Magna Carta.

Optima Legal announced as finalist at 2015 Credit Today Awards

Optima Legal announced as finalist at 2015 Credit Today Awards

We are pleased to announce that our Litigation Team, based in Leeds, has been confirmed as a finalist at this year’s Credit Today Awards.

Taking place on 14 May, the Credit Today Awards recognise Innovation and Best Practice in the credit Industry. Optima’s team has been nominated in the category of Litigation Team of the Year, a title the team previously won in 2013. 

akinika and Optima Legal win Companies House penalties collections contract

akinika and Optima Legal win Companies House penalties collections contract

akinika, part of Capita plc has been awarded a contract with Companies House for the recovery of late filling penalties from UK listed companies. The contract also includes the provision of litigation recovery services, which will be delivered by Optima Legal.

The two year contract is due to start in March 2015 and will be managed from akinika’s headquarters in Preston. 

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