Open date: 05 September 2007
Close date: 05 December 2007
Responses published: 13 June 2008
This consultation paper sought views on options for encouraging debtor engagement and the streamlining of procedures for dealing with non-defended debt claims. The aim of the consultation was to inform any proposed changes on handling debt problems in England and Wales.
Consultation paper
- Consultation paper [PDF 0.37mb, 41 pages]
-
Consultation paper annex A: study into debtor behaviour [PDF 3.02mb, 150 pages]
A report on an independent study into debtor attitudes and behaviour undertaken by Exeter University in support of the pre-action notice pilot. -
Consultation paper annex B: pre-action notice [PDF 0.05mb, 3 pages]
Including the results of the recent pre-action notice pilot and details our current intentions for the claims payment order. - Consultation paper annex C: initial impact assessment [PDF 0.11mb, 13 pages]
- Study of debtor behaviour: executive summary [PDF 0.08mb, 12 pages]
- Consultation paper questionnaire [Word 0.04mb, 4 pages]
Responses
There were 25 responses to the consultation. The general feeling was that more needs to be done to try to increase debtor engagement and to ensure that people in debt are provided with information about sources of advice.
In particular, there was sufficient support to suggest that:
- creditors should be required to issue a letter before action containing prescribed information about how debts could be paid and a list of sources of advice;
- creditors should allow debtors sufficient time to obtain debt advice, where appropriate; and
- confirmation of pre-action behaviour should be included in the particulars of claim.
Proposals to change civil procedure rules to include these requirements will be recommended to the Civil Justice Council and the Civil Procedure Rule Committee.
- Response to consultation [PDF 0.16mb, 33 pages]
Contact details
Further copies of the report and the consultation paper can be obtained by contacting:
Philomena Daniels
Civil law and justice division
Debt and housing branch
Her Majesty's Court Service
5th Floor, Selborne House
54-60 Victoria Street
London
SW1E 6QW
Tel: 020 7210 8602
Fax: 0870 739 4270
