The pre-action protocol for debt claims comes into effect on 1 October 2017.
The protocol will apply to all civil claims by a “business” (including sole traders) seeking payment of a debt from an “individual” (including sole traders).

The main requirements of the protocol include changes to the information which must be included in a letter before action to an individual in debt (debtor), the documentation which must be sent to the debtor with the letter before action and the time limits for responding.

THE LETTER OF CLAIM

The creditor must issue a letter of claim to the debtor before they commence proceedings and the protocol provides mandatory requirements for what the letter contains, as well as prescribed set of enclosures. These new requirements include:

• A requirement that the letter sets out clearly, the amount of the debt as well as any interest and charges due.

• Full details of the written (or oral) agreement should be set out, as well as the option for the debtor to request a copy of the written agreement.

• In the event that the debt has been assigned since being incurred, the letter of claim must provide the details of any assignment.

• If instalments are being paid against the debt, but the creditor is still wishing to commence a court claim, the letter of claim should provide an explanation as to why the current arrangement is unacceptable.

LETTER OF CLAIM ENCLOSURES

The protocol’s stated emphasis is to be open and transparent. Items that must be included with the letter of claim are designed to promote clarity in respect of the debt being recovered and include:

• Reply Form – on receipt of the letter of claim, a debtor can respond by way of a standard “tick box” style reply form, (set out in the protocol) and a copy of which must be provided by the creditor to the debtor with the letter of claim.

• Standard information form and financial statement – a standard document to enable the debtor to set out their income and expenditure.

• Up to date account statement – detailing interest and charges added.

The letter of claim must be delivered in paper format by post, unless expressly agreed otherwise with the debtor. The protocol makes clear that a standard clause in an agreement opting out of paper format is insufficient for this purpose.

A creditor must now give the debtor at least 30 days from the date of the letter of claim to respond. Any requests for documents or information by the debtor should be made at this stage. If a debtor states that debt advice is being sought or more time is required, the creditor must allow a reasonable period for the advice to be obtained and should avoid issuing proceedings until 30 days from the receipt of the completed reply form, or from the creditor providing the documents requested, whichever is later.

If a debtor requires more than 30 days to obtain the advice, the debtor must provide details as to why the advice cannot be obtained sooner and also when it is expected to be received. The protocol states that the creditor should then act reasonably in regards to providing extra time.

In the event that more time to pay is requested, attempts should be made for an agreement to be reached with due consideration afforded to the financial statement. If a repayment proposal is rejected, written reasons must be provided to the debtor.

If a debtor fails to respond, proceedings may be issued 30 days after the letter of claim. If a response is received but no agreement reached, the protocol states that the parties should “take stock” of their positions. In any case, in these circumstances creditors are expected to provide a further 14 days’ notice of their intention to commence proceedings.

CONCLUSION

The protocol’s clear intention is to protect debtors from claims made by creditors where there is insufficient information provided about the debt and introduces a number of new requirements which creditors and debtors are expected to follow before court proceedings are commenced.

Historically solicitors demanded payment in 14 days: now under the protocol it is 30 days. The hoops that have been introduced will inevitably increase the costs but may result in fewer proceedings being issued. We shall see.

For all debt recovery issues please contact Jacqueline Deeming on 01926 831231 or jad@blytheliggins.co.uk

A village cricketer, who in his county playing days smashed Freddie Flintoff’s bowling all over the park, has been voted our Player of the Month for July.

Each month, in association with Leamington solicitors Blythe Liggins, we celebrate a player who has done something special, with the winner being presented with a box of six new cricket balls for their club, provided by Blythe Liggins.

Our July winner is Gavin Shephard, whose knock of 156 in his first season with Norton Lindsey and Wolverton was almost emulated with a score of 110 the following week.

Gavin, who played county cricket for Warwickshire at all levels, was made Man of the Match in 2001 after being 73 not out facing six international bowlers – including Flintoff and one of the greatest test bowlers of all time, Sri Lankan Muttiam Muralitharan – playing for Warwickshire Cricket Board against Lancashire. “It was my greatest cricketing achievement,” said Gavin.

After playing for a number of Birmingham clubs, Gavin and his twin brother Stuart, who also played first class cricket, are now enjoying their first season with Norton Lindsey and Wolverton. “It’s a lovely, progressive club with great aspirations. There’s plenty of talent there and they’ve just spent £35,000 on nets,” said Gavin.

“It has a flourishing youth section, an excellent pitch and yes, amazing teas!”

Former England and Barbarians rugby international Richard Moon, a partner at sponsors Blythe Liggins, where he heads both the employment law department and the firm’s sports law unit, is also chairman of Ashorne and Moreton Morrell cricket club. “Gavin is an extremely talented batsman who has had more than his fair share of centuries and 150s. His county pedigree has stood him in great stead for village cricket where, now in his mid-40s, he is still proving to be a class act.”

In April 2017 the fee for registering Powers of Attorney Documents with the Office of the Public Guardian (OPG) was reduced from £110 per document to £82. For a married couple preparing both Health and Welfare and Financial documents, this was a saving of £112. At the time, it seemed that it was just bad luck to those who had set theirs up previous to this.

The OPG have however now admitted that the fees charged over the last four years were excessive and all those who were overcharged will be refunded during the current financial year. Government agencies are not permitted to charge more than the cost of processing applications unless the Ministry of Justice have exercised the power provided by legislation to do so.

We still await details of how the refunds will be processed by the OPG and the administration involved in ensuring monies are returned to those overcharged will be incredibly involved. We do, however, welcome the fact that the OPG are correcting the position so that those who were overcharged are repaid.

Caption: Donna Bothamley. Partner, Head of the Wills & Probate Team

A Leamington law firm is gearing up for the Bowls England National Championships in the town next month (August).

The four-week event gets underway on Saturday August 5 when bowlers from all over the country will fight it out at Victoria Park, Archery Road – described as being the ‘Wimbledon’ of bowls.

For Blythe Liggins Solicitors, who provide legal services and a members’ helpline for Bowls England, the sport’s national governing body, it will be a busy time.

Kevin Mitchell, a partner in both the Blythe Liggins commercial department and the sports unit, said the firm was acting not only for the national organisation but also for its regions and 2,500 clubs across 35 counties.

Tony Allcock, Bowls England chief executive and 15 times world champion, said: “Blythe Liggins has been representing Bowls England for four years and we’ve got on really well with them. They speak the language that we want to hear and they have a great track record with other sporting organisations.”

Bowls England resulted from a merger in 2008 between the men’s English Bowling Association and the English Women’s Bowls Association. Since moving its base from Worthing to Leamington, all regional, national and international men’s tournaments are now played at Victoria Park, which has long been the national base for women bowlers. Leamington is the new ‘Wimbledon’ of bowls, said Mr Allcock.

In addition to Bowls England, Blythe Liggins acts for British Swimming, British Eventing, British Blind Sport, the national Rugby Coaches Association, the national Elite Cricket Coaches Association and Riding for the Disabled. It also represents international rugby players, county cricketers, athletics coaches and Olympic horsemen, as well such local concerns such as Warwick Boat Club and Leamington Cricket Club.

CAPTION: Bowls England chief executive and 15 times world champion Tony Allcock MBE with commercial lawyer Kevin Mitchell from Blythe Liggins

Issued by Newsline Press & Public Relations Ltd. Tel: 01926 888306

Three south Warwickshire men are raising money for Myton Hospice by undertaking a gruelling 24 km race over a Welsh mountain, used by the military for Special Forces training.

Called the Fan Dance, the infamous route has long been a part of SAS (Special Air Service) and SBS (Special Boat Service) selection and is considered the yardstick of a candidate’s potential to perform well on the selection programme.

The three friends, who all train together at the same gym, will be racing up and down Pen Y Fan, the highest mountain in the Brecon Beacons, next month (July). “We are taking on the challenge to raise money for Myton Hospice, as all of us have personal associations with the hospice through family and friends benefitting from their services,” said Arvi Samra (39), who lives in Warwick and is a conveyancing solicitor with Leamington law firm Blythe Liggins.

He will be joined by Andrew Doust (47), from Leamington Spa, who owns a quantity surveyor practice in the town and is a 2nd Degree Black Sash in Shaolin Fist Kung and the county coach for Master Johns Kung Fu School and Shaolin Fist Kung Fu; and Phil Sims (39), from Warwick, who is a Healthformation Coach and trains both Arvi and Andrew.

“The route is a real lung buster that throws everything at you, including the elements. There are steady slopes that allow a solid jogging pace, shocking inclines that have you almost on your hands and knees, loose stone tracks that require cautious foot placements and a forested vehicle track that allows for some rapid going. Even SAS recruits at the height of their physical abilities regard beating the clock in this event as a serious challenge,” said Arvi.

The event is founded, organised and managed by former Special Forces soldiers and just getting to the end is an accomplishment and something to be proud of.

The exercise replicates advancing in small teams towards the theatre of operations while remaining undetected. Elite military units, which include the Parachute Regiment and Royal Marine Commandos, are required to cover large distances at speed over arduous terrain while being completely self-sustained (carrying extremely heavy loads made up of essential personal equipment, weaponry and ammunition supplies, radio communication devices, survival provisions and food and water).

The trio are all veterans of various running events, such as the Two Castles, Wolf Run and Regency Run, and part of their training will include the Two Castles on June 11, which is sponsored by Arvi’s firm, Blythe Liggins.

Anyone wishing to support can visit www.justgiving.com/teams/mytonmorphinpowerrangers

Caption: (left to right) Andrew Doust, Arvi Samra and Phil Sims

Breezy running weather for Kenilworth Rotary’s iconic Two Castles Run

Sunday’s 35th Two Castles Run, organised by Kenilworth Rotary Club and the Leamington Cycling and Athletics Club, had a full entry of 4,000 runners, providing Kenilworth’s biggest sporting spectacle and living up to its traditional reputation as one of the best and classic 10k runs in the country. The race, sponsored for the 12th year by Leamington solicitors Blythe Liggins, raised more than £100,000 for charity.

Competitors gathered within the walls of Warwick Castle and were sent on their way by the Mayor of Warwick, Stephen Cross, at exactly 9.00 am.

Some 32 minutes 25 seconds later the winner, Alistair Smith from Coventry Godiva Harriers, crossed the finish line in Kenilworth Castle. Second man home was Peter Brook, some three seconds behind, and third was last year’s winner Patrick Roddy in 33 minutes 34 seconds.

Alistair said he had run the race several times, finishing second or third, and to win this year, running very closely all the way with Peter from Holmfirth Harriers, made a very satisfying result for him.

The first woman home was Kent Athletics Club’s Amy Clements, with a time of 36 minutes 47 seconds (26th overall). She was followed in second place by Joanne Male from West End Runners in 38 minutes 14 seconds. Third was Martha Lloyd from Oxford City running club, home in 38.21 seconds.

Kenilworth Runners won both the men’s and women’s team prizes and the mixed team prize went to Team Warwick University.

The oldest woman competitor, Sara Slevin (77), who has been running for 36 years, including 27 marathons and more than 50 half marathons, again completed the course.

Rotary press officer Bob Kelly said: “The Two Castles is one of the best-loved athletic events in the Midlands and is both for serious runners and for those who run for sheer enjoyment, or for charity. Each year it grows in popularity and attracts entries from all the country. As always, our priority is to have a safe, injury-free event and today we have again achieved that, together with raising £100,000 for charity.”

David Lester, joint senior partner of sponsors Blythe Liggins Solicitors, who also provided a water station and marshals, said: “It was great to be involved with the event once again. We had 30 runners from Blythe Liggins taking part this year, each one finished, some with ‘personal bests’, and everyone really appreciated the atmosphere on the day. Once again, Kenilworth Rotary Club did a fantastic job. We are already looking forward to next year’s run.”

Mayor of Kenilworth Kate Dickson attended and commented on the great atmosphere of Kenilworth’s charity event that involves so many people to organise and provide such a spectacle.

Full results at >www. Twocastlesrun.org.uk <

Caption: Two Castles men’s winner: (Left to right) John Boothroyd, Kenilworth Rotary president, Peter Roberts, Kenilworth Rotary and district governor of Rotary 1060, David Lester, joint senior partner at Blythe Liggins Solicitors, Kenilworth mayor Kate Dickson, men’s winner Alistair Smith, Andrew Brooks, Blythe Liggins Solictors, and Pauline Smart, Kenilworth Inner Wheel and chair of Inner Wheel Area 6.

A disgraced breast surgeon who exaggerated or even invented the risk of cancer in order to persuade patients to undergo surgery has been sentenced to 15 years in prison.

Ian Stuart Paterson, Consultant Surgeon, was convicted of 17 counts of wounding with intent earlier this month, relating to 9 women and one man, together with three further wounding charges.

Jurors found that Mr Paterson carried out “extensive, life changing operations for no medically justifiable reason”. He was accused of carrying out pointless surgery for “obscure motives” which it is believed included a desire to earn extra money.

It is understood that Mr Paterson would lie to his patients and exaggerate or even invent the risk of cancer in order to convince them to go under the knife. Mr Paterson was employed by the Heart of England NHS trust in 1998 and he practised at Spire Healthcare Hospitals in the Midlands over a 13 year period.

More than 250 of Mr Paterson’s patients have already received compensation but it is thought that more than 1000 additional victims have also been affected by Mr Paterson’s actions.

Lois Harrison, a Solicitor in the Medical Negligence Department at Blythe Liggins said: “Mr Paterson’s actions are shocking and cruel. He used his position to prey on innocent victims who were at their most vulnerable, when told by a supposed professional that they were suffering with cancer and needed extensive treatment. The ramifications of his actions will be felt by so many forever more”.

Caption: Lois Harrison, Medical Negligence Department.

Preparations for the 4,000-strong annual Two Castles run between Warwick and Kenilworth are well under way.

The event, which is organised by Kenilworth Rotary Club and Leamington Cycling & Athletics Club and raises around £100,000 for charity each year, will start at Warwick Castle at 9.00 am on Sunday June 11 with the winner expected at Kenilworth Castle just over 30 minutes later.

Rotary press officer Bob Kelly said: “The Two Castles is one of the best-loved athletic events in the Midlands and is both for serious runners and for those who run for sheer enjoyment, or for charity. Each year it grows in popularity and attracts entries from all the country.”

Leamington law firm Blythe Liggins is sponsoring the run for the 12th year and will be fielding a team of about 30 runners, manning a water station and providing marshals.

Richard Thornton, joint senior partner, said: “Kenilworth Rotary Club has done an amazing job yet again. It’s a wonderful event and the whole firm always looks forward to taking part. We are extremely proud to have been supporting it for so many years.”

CAPTION: Blythe Liggins joint senior partner Richard Thornton (back row, centre) with some of the firm’s runners, marshals and water station volunteers getting ready for the big day.

Issued by Newsline PR. Tel: 01926 888308

A Leamington solicitor will be reunited with his Cambridge University teammates when the three former rugby internationals run the Edinburgh Marathon on May 28.

Richard Moon, head of employment law at Leamington solicitors Blythe Liggins, will be teaming up with fellow Cambridge rugby blues Rob Andrew, former England and Lions fly half and a past director of operations for the RFU, and Gavin Hastings, former Scotland and Lions full-back.

The 1984 Cambridge University teammates and their partners will be running to raise money for Parkinson’s, in support of Gavin Hastings’ wife Diane, who has had the disease for more than ten years.
“It’s a wonderful charity to which we have a personal connection through Diane and we are honoured to be raising money for such a worthwhile cause,” said Mr Moon, who played scrumhalf for England B, the Barbarians and Harlequins and sat on the governing body of the RFU.

“We will be running a relay over the full marathon course with my wife Fiona and I covering the first leg before handing the baton to fellow team mates with Gavin and Diane Hastings running the glory leg of 4.4 miles to complete the marathon,” said Mr Moon, a rugby commentator for BBC 5 Live Sports Extra and BBC CWR.

Head of Blythe Liggins sports law unit, he was instrumental in setting up both the Rugby Coaches Association with Sir Ian McGeechan, a former head coach of the British and Irish Lions, and the Rugby Union Players Association.

Clients of the sports unit have included a number of sporting individuals and organisations, from Bowls England, the national Elite Cricket Coaches Association, Riding for the Disabled, international rugby players, county cricketers, athletics coaches and Olympic horsemen, to local concerns such as Warwick Boat Club and Leamington Cricket Club.

CAPTION: Richard Moon with his Harlequins jersey.

Once again we have teamed up with the Leamington Courier to support their Player of the Month competition.

Each month during the season we will be celebrating the deeds of our cricketers and awarding a box of six new cricket balls to the club whose batsman, bowler or all-rounder has given the best performance.
Richard Thornton, joint senior partner of Blythe Liggins, said: “We are avid supporters of sport in the region and thoroughly enjoyed sponsoring this competition last year and recognising individual talent.”
Blythe Liggins also sponsors the Two Castles run between the castles of Warwick and Kenilworth.

Caption: Richard Thornton, joint senior partner of Blythe Liggins Solictors.