The Analysis Editor’s Letter
The signs are positive for PAP in 2017
Stephen Kiely Editor, CCRMagazine
stephen@ccrmagazine.co.uk
I think that it is fair to say that 2016 was a tumultuous year for many people. Whether it was a question of far-reaching global political moves, such as the election of Donald Trump as US president or the UK’s decision on Brexit, or the continued movements of the UK economy and regulation, it seemed that everywhere there was a sense of upheaval. So, in a sense, it is strange to be saying that
the future looks bright because 2017 looks set for more of the same, but, for once, it seems to really be true that change promises to be a good thing. As the old year came to a close, the
Civil Procedure Rule Committee (CPRC) met and this meeting was attended by Leigh Berkley of the Credit Services Association (CSA) and Rob Thompson from the Civil Court Users Association (CCUA) as industry representatives, as well as by the master of the rolls. After this, in a joint statement published by
l The trade bodies requested a sufficient implementation period for the necessary systems and process changes to be made by creditors. l The CPRC was mindful of the future impact of the Online Court, and it is hoped that PAP will inform the approach to the introduction of the Online Court. l The CPRC also considered whether this PAP was called for at all, as unusually there has not been an agreed position among stakeholders. On balance, it was decided that it would prove helpful. l The PAP will now be redrafted and sent back to the sub-committee before the master of the rolls decides whether and when it will be implemented. Both Mr Berkley and Mr Thompson
the CSA and CCUA, an announcement was made which looks set to have significant repercussions into the New Year and beyond. The outcome was as follows: l The Pre-Action Protocol (PAP) is likely to be implemented next year. l There will be no requirement for the original agreement to be sent at the letter-before action (LBA) stage. l There will be a requirement that creditors make it clear in the LBA itself that the customer has the right to ask for documentation, including the original agreement, although it was accepted that this should not be so prominent as to encourage spurious requests. l It was agreed that the new Standard Financial Statement will be used as part of the protocol.
January 2017
There will undoubtedly be some provisions with which creditors or the debt- advice sector may not fully agree, however we think we have arrived at the best compromise possible in all the circumstances
considered their voices had been heard and understood, as they had ample opportunity to contribute to the discussions, which both felt were balanced and constructive. The statement concluded: “Due to the
confidentiality of the sub-committee, we are still unable to disclose the full details of the latest draft. “There will undoubtedly be some
provisions with which creditors or the debt-advice sector may not fully agree, however we think we have arrived at the best
compromise possible in all the circumstances, and a much better solution for all parties than the original draft PAP.” Further information on what seems to be a significant step for the
industry will, no doubt, become available as we move into 2017, but it is good to see that the industry is being properly heard at the highest level, and that its voice carries significant weight. A Happy New Year to you all!
www.CCRMagazine.co.uk 3
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
