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New Procedure for Debt Claims
A new Pre-Action Protocol came into force on 1 October 2017 in respect of debt claims owed to a business (Creditor) by an individual (Debtor). The protocols will apply to the recovery of any debts due to parks. The Protocol is designed to assist the parties to a debt claim in resolving matters before it becomes necessary to start court proceedings. The Protocol sets out the conduct the court will normally expect of the parties prior to the issuing of a claim. If a Touring, Holiday or Residential Park is intending to recover a debt in the County Court, they must begin the process by sending a letter before action. The letter must include certain prescribed information to the Debtor, such as the amount of the debt and how it has arisen, to assist them in responding to the claim, as well as details of independent organisations where advice can be sought and a Form on which they can prepare their response to the Creditor.