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Bailiffs

What to Do if You Want to Rescind a Winding-Up Order — and What Not to Do

If a company that owes you money has debts so extreme that there’s no possibility of payment, you can apply to the courts to have it wound up. This is a drastic measure and usually a final one — once the winding-up order is granted, it normally means the company is finished. Exceptionally, however, you might change your mind. It’s possible to apply to have the order rescinded, but the process is complicat
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Get Your Enforcement Writ in First

If you take out a writ of control against someone who owes you money, there are currently extra hurdles to get over. Besides backlogs in the court system, in some cases, bailiffs won’t be able to enter the debtor’s property. However, it’s still possible to effectively enforce a writ. You just have to be careful that you get everything right. In What Order Are Writs Dealt With? There’s an old c
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Section 8 Notices

A legal expert for ARLA Propertymark has said letting agents and landlords should consider serving a second Section 8 notice if rental arrears accrue to more than six months of missed payments, even if their original Section 8 has yet to come into force. This is because of a crucial change at the six months of arrears mark, when the notice period for tenants drops from six months to just four weeks. Robert Bolwell a
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Rents and Evictions — What Can and Can’t You Do During the Coronavirus Crisis?

As you’re no doubt aware, in March the government brought in measures effectively preventing landlords from evicting tenants during the coronavirus lockdown. This was originally intended to run until this month, but the government has now extended the moratorium on evictions until 23rd August 2020. What Does This Mean for Me? One expected announcement that hasn’t materialised is that tenants would be gran
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Can Bailiffs Charge VAT on Enforcing High Court Judgements?

The cost of recovering debts through High Court Enforcement can be substantial — although considerably less than writing off the debt. However, there’s general confusion about one element — VAT. Should it be paid by the creditor, the debtor or not at all? Why Would You Use High Court Enforcement Officers? If you’ve received a court judgement in your favour for a debt that you’re owed but the debtor doesn’t immediatel
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Is Your Debt Statute-Barred under the Limitation Act?

If you’ve owed a debt for a long time (or if you’re a creditor) it’s important to understand there’s a time limit, beyond which a creditor can no longer take certain actions. However, there’s a lot of uncertainty about when a debt is or isn’t “statute-barred” — and what exactly that means. What Is “Statute-Barred”? A debt is statute-barred when no action has been taken to recover it for a specified time (usually six
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Know Your Debtors

If a company or individual owes you money and the usual channels for requesting payment aren’t working, what should your next step be? To some extent, that will depend on the debtor. The aim, of course, is always to recover your money, but the best approach is going to vary. Because not all debtors are alike. Two Kinds of Debtors There are broadly two kinds of debtors — those who can’t pay and those who won’t pay. Re
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Dealing with Bailiffs

Bailiffs have traditionally struck fear into people. In the popular imagination, they’re irresistible forces that have the power to strip you of all your possessions. In reality, though, your attitude to bailiffs will depend largely on whether you’re a debtor or a creditor. Using a Bailiff If you’re owed money by a customer or tenant, there are many possible actions for recovering the debt. Most of these involve comm
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Are Your Debtors Hiding their Assets in Cyberspace?

If a customer owes you money for unpaid invoices, there are a number of ways of pursuing them to recover your money. Ultimately, you can take them to court or initiate an insolvency process against them. Either way, their assets will be assessed, and you can hope to receive at least a proportion of what you’re owed. But what if some of their assets are too well hidden to be found? It’s easier to do now than ever befo
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Speaking of Bailiffs

A happy Easter and/or Passover to you — whichever you celebrate. We’re now at the start of the new tax year, and I hope you’ve made a resolution to start it by minimising both the debt you owe and the debt you’re owed. Strong, effective systems can help with both, but if you have difficulties recovering money that’s owed to you, you’re very welcome to get in touch with SJ Collections. Ne
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