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Posted on 2:08pm Sunday 14th December 2008
It is common for creditors to think of bailiffs as the only method of enforcing a Judgment debt. There are other methods of collecting your money after obtaining a Judgment and the secret to effective enforcment is knowing the most appropriate one to use. Small firms should ensure they have sufficient information about their customers. By having the knowledge, you are improving your chances of being paid money should should legal action become necessary.
Posted on 1:41pm Sunday 14th December 2008
The recent high profile companies that have gone in Administration have highlighted a problem for some of my clients. They supplied substantial amounts of goods to these companies just prior to the Administration. These clients had a retention of title clause (ROT) in their terms of business. However, when a company goes into Administration, there is a moratorium which prevents creditors from enforcing/repossessing goods under a ROT without the consent of the Administrator or the permission of the Court. The position is different if there is a Liquidator appointed as opposed to an Administrator.
Posted on 4:56pm Sunday 12th October 2008
Most of my time in debt recovery has been acting for creditors chasing debtors of various types. You have those who can pay but won't pay, those who cannot pay as well as those who have a genuine dispute. This last category is something that has in recent times brought me unexpected clients. The cause of this is a rise in organisations (especially large utilities) who will instruct a debt colection agency for a period of time and then move on to another one to go through the same process. I call this the broken record technique and what is particularly irritating is that when a debtor raises a genuine query it is not answered but you simply receive further letters and phone calls threatening legal action. After a few months, the organisation will pass the account to another debt collection company who start the same process all over again.
Posted on 4:56pm Sunday 12th October 2008
Most of my time in debt recovery has been acting for creditors chasing debtors of various types. You have those who can pay but won't pay, those who cannot pay as well as those who have a genuine dispute. This last category is something that has in recent times brought me unexpected clients. The cause of this is a rise in organisations (especially large utilities) who will instruct a debt colection agency for a period of time and then move on to another one to go through the same process. I call this the broken record technique and what is particularly irritating is that when a debtor raises a genuine query it is not answered but you simply receive further letters and phone calls threatening legal action. After a few months, the organisation will pass the account to another debt collection company who start the same process all over again.
Posted on 9:18pm Wednesday 17th September 2008
In my long experience of handling debt litigation, many of the disputes could have been resolved much sooner if my client had proper signed terms of trading or terms of business that were much easier to understand.
Posted on 9:18pm Wednesday 17th September 2008
In my long experience of handling debt litigation, many of the disputes could have been resolved much sooner if my client had proper signed terms of trading or terms of business that were much easier to understand.
Posted on 7:19pm Sunday 14th September 2008
From my experience, there seems to be a large number of situations where creditors need a better mechanism by which they can hold directors to account if there has been wrong doing, such as “wrongful trading”. This is where a company continues to trade while it is insolvent.
Posted on 7:19pm Sunday 14th September 2008
From my experience, there seems to be a large number of situations where creditors need a better mechanism by which they can hold directors to account if there has been wrong doing, such as “wrongful trading”. This is where a company continues to trade while it is insolvent.
Posted on 10:29am Monday 8th September 2008
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