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Small claims

Are You Suing Who You Think You’re Suing?

The law is notoriously pernickety about detail, and if you’re suing a company for a debt (or for any other reason), it’s vital to get everything exactly right. And the potential pitfalls include the name of the company. What Kind of Mistakes Are Made? Company names, especially if the business is registered  as a limited company, are very precise, and giving an incorrect or imprecise name could threaten yo
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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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Private Consultants and the Digital Court

The sudden and dramatic collapse of Carillion has thrown into stark relief the whole system of outsourcing public contracts to a few large companies. Even before Carillion’s collapse, though, many experts were nervous that planning for crucial reform of the court system appears to be largely in the hands of these same giant contractors. Digitising the Courts The court system in England and Wales has never been so ove
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Debt Collection or Enforcement — What Are the Differences?

Many people who aren’t involved in the process of recovering debts, as I am, may be confused about the various ways of approaching it. In particular, debt collection and enforcement — what are they, and how do they relate to one another Debt Collection A debt collection agency (DCA) is used when direct attempts to get payment aren’t working. Some will buy the debt from you, often at a knock-down price, and then recov
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Late Payments — Are Your Customers using You as a Bank?

Are you a supplier of services or goods, or perhaps a landlord? If so, the chances are you’re being used as an unofficial bank. Maybe you think that’s not you. Well, maybe it’s not, if everyone pays you on time as soon as the payments are due, but then you’re in a very small minority. Late Payments Statistics show that most SMEs are being paid as and when it suits their debtors, and that their aged debts have increas
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Will This Be the Court System of the Future?

Last month, Master of the Rolls Sir Terence Etherton unveiled his proposals for a radical change in the court system — the Online Solutions Court. This is part of a six-year plan to modernise the courts. In particular, it involves digitising the administration and processes of the judicial system, bringing the courts into the 21st century. It can be accessed from home, but it’s envisioned that physical courtrooms wil
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Duty to Report — Will It Have Any Effect?

SMEs that rely on large companies as clients have always suffered from a power imbalance when it comes to paying bills, and the situation seems to be getting worse. It’s been estimated £266bn is being withheld from SMEs through late payment, and there are signs this has been increasing since the Brexit vote. Duty to Report All political parties are promising action, and the Duty to Report measures were introduced in
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Pre-action Protocol — Changes in the Debt Recovery System

The Ministry of Justice has issued new regulations governing the process for recovering debts. The Pre-action Protocol (PAP) will come into force on 1st October 2017, and it’s vital for anyone involved in debt recovery to be familiar with it by then. What is the Pre-action Protocol? The stated aims of the PAP include to “encourage early engagement and communication between the parties… enable the parties to resolve t
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LEGAL AID – WHAT DOES GOVERNMENT POLICY MEAN FOR DEBT CASES?

Earlier this year, Justice Secretary Michael Gove announced that planned cuts to the legal aid system were to be shelved. This was some relief to both the legal profession and to people facing substantial bills for court cases, but it didn’t reverse the swingeing cuts brought in three years ago. What Is Legal Aid? It’s a basic principle of our legal system that justice should be available to everyone, but it usen’t t
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Bailiff powers when they visit your home What you can do when a bailiff visits

A bailiff (‘enforcement agent’) may visit your home if you don’t pay your debts, eg a Council Tax bill, parking fine, court fine, county court or family court judgment. This will happen if you ignore letters saying that bailiffs will be used. You might be arrested if you don’t pay criminal debts, eg fines or penalty notices. A bailiff may also visit your home for other reasons, eg to serve court documents or give not
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