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New Pre-Action Protocol for Debt Claims

The new Pre-Action Protocol for Debt Claims will come into force on 1st October 2017. It will apply to any business wishing to pursue a debt from an individual (including sole traders).  It will not affect other business to business debt claims, for example if the debtors are a company or other corporation.   Pursuant (...)

Limitation on enforcing Judgment Debts

We occasionally receive enquiries with regard to unrecovered County Court Judgments which have been obtained more than 6 years ago. The Limitation Act 1980 states that enforcement action cannot be commenced in respect of a Judgment Order after 6 years from the date upon which the Judgment became enforceable.  Enforcement action is the process required (...)

Solicitors’ letters makes debtors pay up

According to a recent survey of 30,000 businesses, using a solicitor when chasing unpaid invoices is still the best way to ensure swift payment. According to fintech company Ormsby Street who surveyed 30,000 businesses, two thirds of letters before action sent by solicitors will result in invoices being paid within seven days. If no such (...)

Know who you are!

If you are seeking payment from a debtor, not only is it important that you correctly identify the debtor (the entity that you need to pursue and potentially take legal action against), but also correctly identify yourself! For example, there have been instances whereby we have acted for a company who is part of a (...)

Court Hearing fees – important changes!

When pursuing a claim before the Courts in England and Wales, a Claimant will be required to pay a Court hearing fee shortly before the final Trial hearing (the fee is on a sliding scale and can be up to £1,090). Prior to 6 March 2017, if a claim settles this hearing fee can be (...)

Charging Order applications – recent changes

Once you obtain a County Court Judgment against a debtor and they still fail to pay, you can then proceed with enforcement action to effecitively secure or force payment out of them. One enforcement option is to apply for a charging order.  This form of enforcement secures the judgment debt against land/property owned by your (...)

Bankruptcy threshold is raised to £5,000

The government has significantly increased the threshold for creditors petitioning individual debtors from £750 to £5,000 which came into effect on 1 October 2015 i.e. the debt now has to be at least £5,000 before you can issue a bankruptcy petition. Many welcome the move as a means of preventing ruthless creditors from bankrupting people (...)

New round of court fee rises could cripple SMEs!

The Justice Minister has recently announced proposals for a further rise in court fees. We recently campaigned against the dramatic increase in court issue fees which took place in March this year where court fees were increased by as much as 622%! There are now proposals to double the maximum court issue fee for money (...)

Recovery of Goods and Retention of Title claims

What can you do when one of your customers has gone into insolvency and you are aware they still retain goods you have supplied which remain unpaid? You can consider making a Retention of Title (“ROT”) claim to attempt to recover such goods, this is on the proviso that you have a ROT clause incorporated (...)

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