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Posted 30 March 2017
by Paul Kelly

Action to recover debt after 1 October 2017



The Ministry of Justice has published the Pre-Action Protocol for Debt claims, which will come into force on 1 October 2017. The new protocol will only apply to debts between businesses and individuals so will cover arrears of pitch fees or other payments due from owners of holiday caravans or residential park homes to park owners.
The protocol aims to encourage early communication between the parties including the agreement of payment plans and consideration of alternative dispute resolution before court proceedings are started.

The courts will therefore expect parties to have complied with the protocol before issuing proceedings and will consider any non-compliance when giving directions for case management and/or when considering costs.

It is important that park owners familiarise themselves with the Protocol before taking steps to recover arrears after 1 October 2017 or take advice to ensure that they do not fall foul of the new procedure.

A copy of the Protocol can be found here.

If you have any queries or if you are interested in subscribing to our Parklaw service, contact the Parks Team by telephone: 01392 207020 or email parks@tozers.co.uk.

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm