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Court Action

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 It’s possible to apply to have the order rescinded, but the process is complicat
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Payment Holidays — Do You Understand the Implications?

The financial effects of the pandemic have been severe on many of us, whether we’re acting as companies, landlords or individuals. One lifeline has been the ability to take “payment holidays” in the repayment of mortgages, loans or debts. This has been invaluable — but is it really the straightforward benefit it seems? Recent research by Resolver suggests it may not be. Payment Holidays Early in the
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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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Supreme Court Ruling Offers a Lifeline to Small Businesses

Are you one of the many SME owners who have been forced to close your business, wholly or partially, during the Covid-19 lockdown? If you have Business Interruption insurance that covered closure due to disease, you may have been one of the policyholders refused payment by your insurer. However, there’s good news. A ruling by the Supreme Court on the 15th January has established that in most cases closures due
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How Is Enforcement Being Handled During the Lockdown?

During the first Covid-19 lockdown, we were in unknown territory, and rules had to be worked out on the go. This time, we’re more used to being locked down, and regulations (many of which are much the same as for tiers 2 and 3) have been put quickly in place. And this includes the regulations for enforcement visits for writs of control, writs of possession and serving eviction orders. The Rules for Writs of Con
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Is There Light at the End of the Tunnel over Late Payments?

Late payment has for a long time been the scourge of small businesses, and this has only got worse during the pandemic. Many businesses are suffering severe cashflow problems as a result, including the risk of closure. However, there are signs the government is finally contemplating action to help struggling businesses facing this issue. The Scourge of Late Payments Most small businesses operate on very narrow margin
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Is This the Time for a Full Review of Debt Options?

The options open for people who fall into debt have needed reform for some time, but the Covid-19 pandemic has made the issue urgent. The Money Advice Trust has now published a new briefing, urging the government to commission a full review of the options for debt management. The Debt Crisis The need for review of debt options was already being urged before this year. In 2018, the Money Advice Service (now part of th
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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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SMEs in Trouble — the Insolvency Forecast

Over the past six months, many businesses have had a false sense of security. A raft of government support schemes have been keeping them afloat — but these will be ending soon. So how devastating will the lockdown be on SMEs? The Insolvency Landscape It may seem strange that global insolvencies are actually down on last year’s figures. The UK is typical of this, with a fall of over 20%, in spite of so many hig
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Enforcement Visits — When Will They Be Back to Normal?

Since the Covid-19 lockdown began, it’s been difficult not only to initiate claims for debt recovery, but even to enforce orders already granted by the courts. This is because many enforcement visits have been suspended, making repayment entirely dependent on the debtor choosing to obey the order. However, the lockdown is being gradually eased. We can eat at a restaurant, enjoy a pint at a pub and even have a h
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