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John, the owner of a textile supply company, has supplied 150 bolts of cloth to Sarah, who owns and runs a fabric shop. Despite several reminders being sent by email and telephone, Sarah has failed to make payment of £18,500. Sarah has repeatedly promised to pay "the next day" but has not done so.
Which of the following is the best next step for John to take?
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A letter should be sent to Sarah in accordance with the Pre-Action Protocol for Debt Claims. According to paragraph 1.1, the Pre-Action Protocol for Debt Claims applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). There is no financial limit to which the Protocol applies. The Protocol requires that the creditor sends a Letter of Claim to the debtor before commencing proceedings, which includes details of the debt, a statement of account, and any relevant documentation. This aims to encourage early settlement and avoid unnecessary litigation.
Key Point: The Pre-Action Protocol for Debt Claims sets out steps to encourage early resolution of debt claims and is applicable regardless of the debt amount.
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