Failure for Claimant to follow PAP

Under the Pre-Action Protocol (PAP) for Debt Claims, a debtor can request a 30-day extension to the timeframe for responding to the Letter of Claim in order to seek debt advice. However, it is important to note that the request for an extension is not an admission of liability or an acknowledgment of the debt. The debtor may still deny owing the debt even if they request an extension to seek debt advice.

If the defendant in your case denied owing the alleged debt but requested an extension to seek debt advice, it would be important for the claimant to consider whether the extension is reasonable in the circumstances. If the claimant believes that the extension is not reasonable, they may need to explain why and provide evidence to support their position.

If the claimant decides to proceed with the claim despite the defendant's denial of the debt, they should ensure that they comply with the PAP for Debt Claims and any relevant Practice Directions. This includes allowing the defendant a reasonable period of time to respond to the Letter of Claim, even if the defendant denies owing the debt.

If the claimant fails to comply with the PAP for Debt Claims, the court may consider this a failure to follow the relevant Practice Directions, and may impose sanctions on the claimant, such as ordering the claimant to pay the defendant's costs or staying the proceedings until the PAP has been complied with.