Key takeaways
Email use now expected
Use available electronic contact details alongside postal service.
Update debt recovery workflows
Amend templates and processes to reflect the new requirements.
Increase prospects of early resolution
Earlier engagement may help avoid unnecessary proceedings.
The Ministry of Justice published an amendment to the Pre-Action Protocol for Debt Claims (the Protocol) which came into force on 1 October 2026 after having been approved by the Master of the Rolls on 10 September 2026. The changes that have been made following the amendment and what this means in practice are provided below.
What changes have been made?
The amendment reflects the increasing use of electronic communications in debt recovery and is intended to improve the likelihood that debtors receive notice of claims before proceedings are issued and places greater responsibility on creditors to use available electronic contact details when issuing a Letter of Claim. The aim is to increase the likelihood that debtors receive notice of a claim at an early stage, giving them an opportunity to respond, seek advice, discuss settlement options, or agree repayment arrangements before court proceedings are commenced.
In addition, where a debtor has expressly requested that correspondence should not be sent by post and has provided alternative contact details, the creditor must use those alternative details when issuing the Letter of Claim. The requirement to send the Letter of Claim by post remains unchanged.
The amendment introduces a specific change to Paragraph 3.3 of the Protocol. Previously, the Protocol stated that a Letter of Claim should be sent by post and that, where additional contact details such as an email address were available, the creditor may also send the Letter of Claim using those details. The use of electronic communication was therefore optional.
The amendment replaces the previous discretionary wording with an expectation that creditors will use available electronic contact details. The updated wording now provides that where a creditor holds a personal email address for the debtor, the Letter of Claim should also be sent by email. If the creditor does not hold a personal email address but has access to another personal electronic means of communication, such as a mobile number or other electronic contact details, the Letter of Claim should be sent using at least one of those methods. The wording of Paragraph 3.3 now becomes:
’The Letter of Claim should be sent by post. If the creditor has a personal email address for the debtor, the creditor should also send the Letter of Claim using that email address. If the creditor does not have a personal email address for the debtor but has other personal electronic contact details for them, the creditor should send the Letter of Claim using at least one of those other methods of communication. If the debtor has made an explicit request that correspondence should not be sent by post, and has provided alternative contact details, the creditor should use those details when sending the Letter of Claim. (Note that a condition in a creditor’s standard terms does not constitute an explicit request.).’
What this means
The key change is the shift from creditors being permitted to use electronic communication to being expected to use it whenever suitable contact details are available. The purpose of the amendment is to improve the chances of debtors receiving notice of a claim, encourage early engagement between the parties, and provide a greater opportunity for disputes to be resolved without the need for court proceedings. This supports the wider objective of the Pre-Action Protocol, which is to promote communication, settlement, and the avoidance of unnecessary litigation.
Key points to ensure compliance with the PAP
Creditors should consider the following steps before issuing a Letter of Claim:
Verify the debtor's contact details and check whether a personal email address is held.
Send the Letter of Claim by post in accordance with the Protocol.
Send the Letter of Claim by email where a personal email address is available.
If no personal email address is held, use at least one other personal electronic method of communication (for example, SMS or another electronic contact method) where available.
Check whether the debtor has expressly requested not to receive correspondence by post and, if so, ensure the Letter of Claim is sent using the alternative contact details provided.
Retain evidence of all communications sent, including postal records, emails and electronic delivery confirmations where available.
Review internal debt recovery processes and precedents to ensure they reflect the PAP requirements
Train staff on the updated Protocol requirements to minimise the risk of procedural challenges.
For further advice and assistance with debt recovery and enforcement, find out more about our Financial Disputes expertise or contact us today to discuss how we can support you.
