The monthly round-up of news, guidance, legislation, and case law from Shelter's Specialist Debt Advice Service.
News and legal updates
This month's legal round up includes pre-action protocol recommendations and the Enforcement Conduct Board business plan.
Pre-action Protocols Phase Two published
The Civil Justice Council (CJC) has published its ‘phase two’ report on pre-action protocols. The report sets out the CJC’s recommendations for reform of litigation specific pre-action protocols. The pre-action protocol for debt claims (Debt PAP) will be of particular importance to debt advisers. Recommendations for the Debt PAP include:
the steer towards alternative dispute resolution should remain in place
creditors taking reasonable steps to identify the defendant’s current address
the terms creditor and debtor should be replaced with the terms claimant and defendant
The report also recommends that creditors’ obligations should be made more prescriptive. For example, the pre-action letter of claim should include:
greater disclosure about the origins of the debt including notices previously sent by the claimant regarding the debt; and
generic information about legal defences that may be available, such as limitation defences
The recommendations from the report have been put forward to the Civil Procedure Rules Committee for its consideration.
CJC Review of Pre-Action Protocols Phase Two Report
Enforcement Conduct Board Business Plan
The Enforcement Conduct Board (ECB) has published its business plan for 2025/26. The business plan sets out five key areas to focus on, which include:
implementing clear and comprehensive standards including standards on vulnerability and ability to pay
delivering a high-quality complaints service
delivering impactful oversight to ensure ECB standards are met, such as obtaining data returns from firms and carrying out monitoring visits
The ECB is seeking feedback on its business plan and the consultation will close on 12 March 2025 at 5pm.