Category Archives: Debt Recovery

Changes to Debt Claims

The Civil Procedure Rule Committee has introduced new rules in relation to debt claims which will be governed by Pre-Action Protocol for Debt Claims and will come into force on 1st October 2017. The new Protocol will apply to any … Continue reading

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The Directors’ Friend: – Facing Personal Liability for ‘Wrongful Trading’ – Call for ‘Robin Hood’

This is the next in my series of blogs for the Director’s Friend. SUMMARY In order to obtain an order from the court that a director is personally liable for wrongful trading under section 214 of the Insolvency Act 1986 … Continue reading

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Government Consultation suggests that you should review your Debt Procedures!!

On 23rd December last year, the government announced that they will discuss new measures to protect consumers from unknown debt claims. The upcoming consultation will consider how to  protect consumers against unsuspected debts or unknown claims, but also allowing appropriate … Continue reading

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Reuse of a Prohibited Company Name by a Director leaves the Director caught in an expensive web!!

This is the next in my series of blogs for the Director’s Friend. SUMMARY Following a prosecution for breach of section 216 of the Insolvency Act 1986 (the ‘Act’) (re-use of a prohibited company name by a director) with confiscation … Continue reading

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The Latest Insolvency Service Enforcement Statistics are out!

This is the latest in the series for my blog ‘The Director’s Friend’. In a press release dated yesterday (13 December 2016) the Insolvency Service (the ‘IS’) set out their latest enforcement outcome statistics. These show that for the year … Continue reading

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More Bad News for Directors and their Personal Liability

This is the next in the series of blogs for the Directors’ Friend. A director of a company that has been placed in to formal insolvency may receive an enquiry letter perhaps enclosing a Directors Questionnaire from the Insolvency Service.  … Continue reading

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Big Business: Pay your debts or risk damage to your reputation

On the 4th of May the Enterprise Act 2016 received Royal Asset. The Act established the role of the Small Business Commissioner to support small businesses, in particular, in relation to disputes with larger businesses. As part of this role, … Continue reading

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Have You Chequed How Your Debtors Are Making Payments To You?

Creditors are able to issue proceedings for a “bounced cheque” under the Bills of Exchange Act 1882 (“the Act”). This Act treats payment by cheque as if it were cash and it is considered that the goods or services delivered … Continue reading

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Is it Wonga not to use a Solicitor?

Wonga, the UK’s biggest payday lender, has been found to have sent letters “appearing” to be from law firms. Letters threatening legal action were sent to 45,000 of their customers who were in arrears. The law firms named as “Chainey, … Continue reading

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Breeze & Wyles Debt Recovery Team retains coveted award and recognition

Congratulations to our Business Services Team who have won the award of Debt Recovery Firm of the Year by Finance Monthly. Head of the Business Services Department, Maria Koureas-Jones, is delighted for the team to be recognised for all their … Continue reading

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