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Court Action

Enforcing a County Court Judgement

If an individual or a company owes you money and shows no sign of being willing to pay, one option is to seek a County Court Judgement (CCJ) against them. This can be an effective strategy, but it doesn’t automatically ensure that the money will be paid. So what options are open to give yourself the best chance of recovering your debt through a CCJ? Applying for a County Court Judgement A CCJ provides you with
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What Is Bankruptcy — And Is It Really a Disaster?

Bankruptcy is often seen as a badge of shame, a sign of failure — but is it really? The legal state of bankruptcy was actually introduced in the 19th century as a protection for debtors, who could previously have been thrown into prison until their debt was cleared. So is bankruptcy the end of the world, or should it be seen as a tool that can be used to get back on your feet when things have gone seriously wrong? Wh
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How Do People See the Work of Enforcement Officers?

Traditionally, people have always been terrified of “the bailiffs”. They’ve been seen as people who can descend on you and use strong-arm tactics to seize your property and leave you destitute. That’s a very Dickensian picture, and while it may have once been true, enforcement officers (as they’re more correctly called) are carefully regulated today. And a recent survey showed that 83% o
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Crisis in Private Rentals — Bad News for Landlords and Tenants

Figures just out show that private rents increased in the past 12 months at a rate well above inflation. At the same time, as prospects seem to be diminishing of the renters reform bill passing before the election, record numbers of tenants are being forced to move. It might seem at a casual glance that this is all great news for buy-to-let owners, but it’s actually not that simple. If you’re a private la
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Small Businesses Are Confident About 2024

The Federation of Small Businesses reported that, for the 4th quarter of 2023, 40% of small businesses reported a fall in revenue, and confidence had also plummeted. Which makes it more surprising that, according to research by three separate organisations, optimism is high among small businesses for 2024. Expectations for Growth in Turnover In a recent poll by lender Iwoca, 47% of small businesses were expecting an
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Are IVAs Being Mis-sold? The Insolvency Service Investigates

An IVA (individual voluntary agreement) can be an invaluable resource for any individual person facing mounting debt. It offers the chance to protect yourself against action by creditors, and to structure repayments in an affordable way. However, like any financial product, there’s the potential for abuse. The Insolvency Service has announced that it’s investigating whether IVAs are being mis-sold. What i
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Director’s Loan Account — What Happens if the Company Is Liquidated

In my last post, I talked about the effect of liquidation on a company’s directors, mentioning that one potential problem arises if a director has a Director’s Loan Account with the company. So, what exactly is a Director’s Loan Account, and what are the dangers if the company is liquidated? What Is a Director’s Loan Account? A director is entitled to draw funds from the company as a loan, and
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Do You Need to Pay HMRC First if You’re Insolvent?

If a company enters into any form of insolvency, whether it’s a company voluntary arrangement, a pre-pack administration or a restructuring plan, it’s likely that one of the major creditors will be HMRC. It’s often believed that any taxes owed have to be paid first, before any other debts have to be considered. However, the situation is far from simple. Some recent cases have supported HMRC’s claims, while others hav
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Avoid Having to Repossess Your Properties

The Ministry of Justice (MoJ) has just released the official figures for landlord repossessions during the period October to December 2022 — and they’re alarming. The number of repossessions in that time has risen by 98%. So why is this? And how can you avoid having to go through the costly and time-consuming procedure of getting your property back? The Rise in Repossessions The MoJ figures make alarming reading. Dur
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Debt Help Enquiries Soar Due to Cost-of-Living Crisis

The cost of living crisis is hitting people in a wide variety of ways, and recent research has illustrated another. In the twelve months since January 2022, the number of people seeking help with their debts has increased more than threefold — and most cite rising prices as the main reason. The Rise in Debt Enquiries A survey was carried out by debt advisor MoneyPlus Advice, after they saw initial enquiries rise by 3
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