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Court Action

Why You Should Always Ask for Payment Up Front

If you’re offering services to clients, you have the choice of whether to request payment up front, allow them to pay after delivery or set up a payment plan. Many business owners shy away from asking for up-front payment, fearing it will make them less attractive to prospects. However, this can lead to situations of having to pursue the client through the courts for unpaid invoices — or even having to write th
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The Enforcement Conduct Authority — New Proposals for a Debt Enforcement Oversight Body

Many sectors of the financial world have their own independent oversight bodies. The best known is probably the FCA (Financial Conduct Authority) but similar organisations operate in various areas of finance. One notable exception, though, has been the debt enforcement sector — but that may be changing. A prominent think-tank has brought together various sides of the sector and proposed a framework for a new oversigh
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How to Be Sure You’re Charged for Court Costs

If you’re in court, whether bringing a case or defending it, you clearly want to win, but the minimum is that you don’t want to be hit with unnecessary court costs. You’d think that would be obvious to anyone, but it’s surprising how many people behave as if they actually want to be charged. So, for those people, this is how to achieve your aim. For everyone else, this is what to avoid. Variou
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The Moratorium Ends — The Start of Back to Normal for Landlords?

Early in the pandemic, the government brought in a moratorium on evictions for rent arrears. While this was good news for tenants struggling to pay, often through no fault of their own, it’s been a nightmare for some landlords, who have been unable to do anything about lack of rent. From 1st June, however, the moratorium no longer applies — but is this really back to normal for landlords? The History of the Mor
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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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