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The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by Jinxer on Wed Aug 09, 2017 11:18 pm

(b) do one of the following –
4
(i) enclose an up-to-date statement of account for the debt, which
should include details of any interest and administrative or
other charges added;
(ii) enclose the most recent statement of account for the debt and
state in the Letter of Claim the amount of interest incurred and
any administrative or other charges imposed since that
statement of account was issued, sufficient to bring it up to
date;

From this bit

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by handle on Thu Aug 10, 2017 3:54 pm

ok, thanks.
However, that is not what they need to effect a successful claim.

After I posted earlier I consulted a solicitor on this and they still need the original agreement to succeed. Also, I have been told that the new regime is more onerous on the claimant and more in favour of the consumer in that it requires a first stage at the start of a claim to ask the defendant to request the documents they need to defend. This change is because the courts are unwilling to serve fatuous claims because the claimant has not got his paperwork in order, so now they need to have all this ready before they make the claim and offer it. Also, this negates for the 31.14 reuests for the info AFTER a claim has been made so as to reduce the protocol costs.


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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by daveiron on Thu Aug 10, 2017 4:26 pm

Thank for that handle, good to know

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by Jinxer on Thu Aug 10, 2017 6:27 pm

Sounds good and I hope that the act pans out that way, but I have never took nowt at face value with the robbing thieving ***** and will wait to see how it pans out, but with what I've seen in the past they write the rules up one way and when it comes to the crunch they read it differently to how we perceive it to be and we get hung out to dry.
I read it as they need to provide a written credit agreement but if they don't have one then a statement of account will do. It also looks like they are taking the ability to ignore the letters away as well and will expect negotiations to be entered into before the actual Court letter.

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by actinglikeabanker on Thu Aug 10, 2017 8:47 pm

Master of the Rolls: Sir Terence Etherton

https://www.gov.uk/government/news/master-of-the-rolls-sir-terence-etherton

.....Her Majesty The Queen has been pleased to approve the appointment of The Right Honourable Sir Terence Etherton as the Master of the Rolls with effect from 3 October 2016. This appointment follows the retirement of The Right Honourable Lord Dyson on 2 October 2016.....

.....The Appointment

The Master of the Rolls is the Head of Civil Justice and the second most senior judge (after the Lord Chief Justice) in England and Wales. The position dates back to at least the 13th century. The Master of the Rolls is President of the Court of Appeal’s Civil Division, which hears appeals on the full range of civil, family and tribunal cases. In addition to a heavy caseload and administrative responsibilities, the office also conveys the chairmanship of a number of bodies, including the Civil Procedure Rule Committee, Civil Justice Council, Advisory Council on National records and Archives and the Magna Carta Trust.....


Master of the Rolls

https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/judges/profile-mor/

.....Appointment

The Heads of Division are appointed by the Queen on the recommendation of a selection panel convened by the Judicial Appointments Commission.

The selection panel comprises the President of the Supreme Court or his nominee as Chair, the Lord Chief Justice or his nominee, the Chairman of the JAC or their nominee and a lay member of the JAC. The Chairman of the panel has a casting vote in the event of a tie.

The panel reports to the Lord Chancellor, who can then accept the selection, reject it, or require the panel to reconsider. If practical the panel must consult the current holder of the office for which a selection is being made.

By law, candidates for the post must be qualified for appointment as a Lord Justice of Appeal or to be a judge of the Court of Appeal.

In practice, Heads of Division are generally appointed from among the Lords of Appeal in Ordinary (the Law Lords) or Lords Justices of Appeal.....

.....Court Dress

For criminal hearings Heads of Division and Court of Appeal judges wear a Court coat and waistcoat (or a sleeved waistcoat) with skirt or trousers and bands (two strips of fabric hanging from the front of a collar), a black silk gown and a short wig.

When presiding over civil cases this group of judges wear the civil robe introduced on 1 October 2008, with gold tabs at the neck of the gown and no wig.....

Lord Chief Justice models new gown for judges

The most senior judge in England and Wales has taken a step into the world of modelling - by showing off the new civil gown for judges.

http://www.telegraph.co.uk/news/1951169/Lord-Chief-Justice-models-new-gown-for-judges.html


.....Lord Phillips of Worth Matravers, the Lord Chief Justice of England and Wales, sported the new civil robe unveiled as part of a package of measures to simplify judicial court working dress.


Designer Betty Jackson, a former Designer of the Year, worked for free as the design consultant for the new gown, in consultation with a panel of judges who gave their opinions.


The new robe incorporates coloured bands to identify seniority with heads of division and appeal court judges wearing gold bands and High Court judges wearing red.


The gown is part of a raft of changes announced last year to court working dress in England and Wales, such as ending the wearing of wigs, wing collars and bands by judges when sitting in civil and family proceedings.


The new civil robe comes into force in October and will be worn by Court of Appeal and High Court judges sitting in civil and family proceedings.

Circuit judges when they sit as deputy High Court judges and district judges will also wear the gown when working in civil and family proceedings.

A spokesman for the Judicial Communications Office said the new gown would cut costs by reducing the number of robes certain judges had to wear.

He said: "It is much easier to wear and has things like pockets which the old ones did not have.

"It is the result of considerable consultation and a sensible way forward." .....


Judges give new robes a dressing down

Angry High Court judges want to ditch their new, modern robes less than six months after they were "foisted" upon them.

http://www.telegraph.co.uk/news/uknews/law-and-order/5056426/Judges-give-new-robes-a-dressing-down.html


.....The Betty Jackson-designed garb was introduced for judges in civil and family cases last autumn to replace the 300-year traditional horsehair wigs and robes.

But four in ten High Court judges already want to abandon the outfits and are "considerably annoyed" at the way the change was made without proper consultation.

A survey by the High Court Judges Association revealed "strong support" for getting rid of the new garb but there are also fears another change could damage the image of the judiciary.

Instead there are likely to be calls for changes to the robe and the occasions on which it must be worn.

The new full-length gown was created by Betty Jackson, previously known for her trademark "funky British clothes for aspiring funky British girls"

The long gown, made of a dark navy gabardine and wool mix, trimmed with velvet on the cuffs and facings, was controversial from the outset and received a mixed reception from judges when first introduced.

Now, 40 out of 104 High Court judges polled voted for abandoning the new robes, while 32 were for retention - either with or without modification.

The survey found: "It is quite clear from the survey that there is very considerable annoyance at the way in which the change was foisted on the High Court Bench, and a determination that there should be no similar situation in future without proper and fully informed consultation and consideration."

But it added that, although there was a majority in favour of abolition, some judges had expressed the view that "an attempt to reverse the widely publicised decision on robes would be damaging to the judiciary".

The High Court Judges Association committee involved in the survey said that, as a result, it was recommending "that no further step should be taken to recommend abolition, and that the new robe should be accepted."


But "strong representations" should now be made to the Lord Chief Justice, Lord Judge, and heads of division at the Royal Courts of Justice, to get changes made.....

History of Court Dress

https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/history/

.....New courts, new codes

Sometimes changes to the court structure itself have had a major effect on what is worn by judges.....

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by Tiggy on Fri Aug 11, 2017 4:31 pm

Regardless of what a DCA may try to imply with the new debt Pre Action Conduct, if the agreement is covered by the CCA, then Sections 77-79 still apply (ie they have to provide a copy of the agreement if requested and the £1 fee paid, and it cannot be enforced in Court 'whilst the default remains').

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by handle on Fri Aug 11, 2017 4:45 pm

TIGGY..............YEAAAAH!

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Re: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

Post by handle on Sat Aug 12, 2017 1:20 pm

More big guns coming back. Or is that not politically correct
:-)

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