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Response to Ministry of Justice consultation on a draft pre-action protocol for debt claims

September 2014

The Ministry of Justice’s Civil Procedures Rules Committee is currently consulting on a draft pre-action protocol for debt claims. The UK Cards Association’s members are fully committed to helping customers in financial difficulty and have a positive track record in working closely and cooperatively with the debt advice sector to assist customers dealing with debt problems. However, we believe that in the majority of cases, the draft pre-action protocol will result in onerous obligations to provide additional information to defendants, that are already required to be provided earlier in the process by virtue of the Consumer Credit Act and the Consumer Credit sourcebook (CONC).

The focus of our response is that the pre-action protocol should:

  • Take into account and not replicate existing regulation
  • Be targeted at the very small percentage of cases that are defended to avoid a disproportionate evidential burden on firms
  • Be in an accessible format for people in financial difficulty to understand

To read the full consultation response, click on the link below.

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