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New Pre-Action Protocol for Debt Claims

The new Pre-Action Protocol for Debt Claims came into force on 1 October 2017 and applies to debts owed to businesses by individuals (which includes sole traders). Prior to this coming into force, creditors were of course already subject to the general Pre-Action Protocol and there are some similarities between that and the new Protocol. However, the latter is undoubtedly more onerous for creditors and it is now expected to take much longer for creditors to recover their debts. The new Protocol requires creditors to send the debtor a letter before action prior to commencing court proceedings. No change there then. However, whereas generally a debtor was expected to respond within around 14 days in a straightforward claim, now creditors are required to give debtors not less than 30 days from the date of the letter before action to respond. They are also required to enclose various prescribed documents, such as an Information sheet and Reply form. If the creditor receives the Reply form from the debtor, it must not issue proceedings for a further 30 days from receipt of the form. The parties are required to share documents and information and try to reach an agreement as to payment. Where the debtor responds to the letter before action and the Protocol has been followed but an agreement as to payment cannot be reached, the creditor must give the debtor 14 days’ notice of its intention to issue court proceedings. In summary, the Protocol could certainly see creditors waiting for over 60 days before they can even begin court proceedings to recover a debt. As ever, a failure to follow the Protocol will not be looked at kindly by a court when creditors eventually issue their claims and could see them being penalised on costs. Creditors are therefore advised to comply with the Protocol however onerous it may be.

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Interest in UK NPLs increases following Brexit

Is this the inevitable result of rising inflation leading to higher interest rates with a knock-on effect on the UK’s zombie companies?

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6 Degrees of Separation- Game of Thrones to Maradona

Here’s how….1. Game of Thrones stars, Kit Harington (Jon Snow) and Emilia Clarke (Daenerys Targaryen), filmed the new Dolce & Gabbana commercials for “The One” fragrance on the streets of Naples (Napoli).2. Dolce & Gabbana’s Autumn 2016 Alta Moda collection, also staged on the streets of Naples, featured a blue and white silk football shirt with “MARADONA 10” embroidered on the back and “NAPOLI” on the front as a tribute to Argentinian football legend, Diego Maradona who played for Napoli football club.3. Maradona has sued Dolce & Gabbana in Milan earlier this month for the misappropriation of his name (which is registered as a trade mark in the EU) without permission.The shirt also featured the name “SOPHIA” on the front as a nod to Sophia Loren who was the muse of that collection and the one who suggested her hometown of Naples as the setting of the collection.  She was seated on a throne at the show as the models sashayed passed on the cobblestone streets.  Perhaps things would have turned out differently had Maradona been invited to and had his own throne at the show.  The MARADONA shirt had not been produced for sale which means that any claim for damages will be limited. We await the outcome of this fracas though perhaps not with the same  anticipation as Games of Thrones Season 8.

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