Protocols not proceedings – or how to keep a creditor out of his money

This article by Richard Mawrey QC was first published in Butterworths Journal of International Banking and Financial Law (JIBFL), October 2017.

On 1 October 2017, the “Pre-Action Protocol for Debt Claims” comes into force.  The Protocol provides the debtor with endless opportunities for time-wasting in the hope that the creditor will go away. The Protocol is additional to any other requirements to provide a debtor with pre-action information.

Richard Mawrey QC comments on the “eye-wateringly prescriptive” requirements of the new pre-action protocol for consumer credit claims.

To read the article in full, please see here. 

This article forms part of an ongoing series being written by members of the Henderson Chambers Banking Finance and Consumer Credit group for the Butterworths’ Journal of International Banking and Finance Law.