In Focus Commercial Credit
l An explanation of why the offer is not acceptable. l An up-to-date statement of account. In addition to the letter and statement,
you now need to send a debt advice information sheet, reply form, and a financial information statement form. Full details can be found at
www.justice.gov.uk/ courts/procedure-rules/civil/pdf/protocols/ pre-action-protocol-for-debt-claims.pdf. Whilst I understand the value of allowing
time to seek financial advice or solve disputes, I believe that we have already given sufficient time and opportunity to resolve issues. Any of us who have had to attend court hearings will already be aware of the need to resolve disputes, compromise, and iron out as many issues as possible prior to a court hearing. Only when you are at stalemate do you need the court to decide.
November 2017
This seems to be an about turn for the government from previously criticising firms for deliberate late payment
We have always explored every avenue
to resolve any problems and only issued proceedings as a last resort. This will ultimately affect many small businesses causing severe financial hardship to say the least, and result in increased bad debt.
www.CCRMagazine.co.uk
Experience shows that the older the debt,
the more the chance of recovery decreases. This seems to be an about turn for the government from previously criticising firms for deliberate late payment. No reasonable credit professional will
waste money and time issuing a claim where there are known disputes or where payment can be secured via reasonable instalments; on the other hand, how long does a debtor need to advise you of a dispute? Experience also shows the longer you give a ‘won’t pay’, the longer they take, responding only at the last minute. No doubt the ‘professional’ debtor will exploit this at every stage to gain the maximum delay in paying. This is my own, personal interpretation
of the rules and, therefore, you should seek your own professional legal advice if in doubt. CCR
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