Your views and questions.

Moderators: TalbotWoods, JaneClack

User avatar
By Adrianintheuk
#10016 Hello

I wondered if anyone is familiar with these? They can be viewed at

http://www.dca.gov.uk/civil/procrules_f ... otocol.htm

Paragraphs 4 onwards are relevant to debt cases (esp. 4.2d). It seems to me that these may provide a lever for negotiation with any creditor who wants to take a debtor to court just for the sake of getting a judgement. The implication is that the court would expect a process of negotiation to have gone on, and if a reasonable offer had been made by the debtor, acting in goodwill, the creditor could have their knuckles rapped. A properly constituted I&E statement prepared by a company like PP or CCCS and leading to offers accepted by most creditors could be quite a strong argument against litigation by one other creditor. I may have this wrong however.

Any legal eagles out there?

Adrian
User avatar
By JaneClack
#10018 Good to quote to the caller from the call centre who says, "The computer says No".....
User avatar
By TalbotWoods
#10041 Looking at the DCA Guidance I think you will find this directive only applies to the protocols listed at para 5 and not to crediter / debtor situations.

Applicable Protocols

Personal Injury
Clinical Negligence
Construction and Engineering Disputes
Defamation
Professional Negligence
Judicial Review
Disease and Illness
Housing Disrepair

Tim
User avatar
By Adrianintheuk
#10043 I think it covers any civil litigation not specifically covered by one of the protocols that you list (para 4.1)

A
User avatar
By JaneClack
#10126 Just give it a go - it cannot do any harm and may make the computer say, "Yes".