Debt Recovery Articles


An Overview of Developments with Order for Sale Litigation

The domestic property market over the last 10 years has meant that orders for sale have been off li..

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Recoveries from Deceased Estates

Benjamin Franklin once stated that in this world nothing can be said to be certain, except death and..

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5 Practical Tips To Help The Recovery Of Rent Arrears

Rent arrears are, unfortunately, inevitable. Every accommodation provider has them, whether large or..

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Tenants and Nuisance – A Friendly Reminder

Complaints from one tenant about the nuisance committed by another tenant are a constant irritant fo..

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Student Accommodation exempted from “Right to Rent” requirements

Student Accommodation providers will not be required to carry out the stringent identity and immigra..

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Private, Purpose Built Student Accommodation to be exempt from Scottish Reforms

Student accommodation which is privately run and purpose-built will not be included in planned contr..

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New Costs Reforms Mooted by Jackson

Lord Justice Jackson has set out his views on further changes which he thinks are necessary to the w..

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The Deregulation Act and “Retaliatory Eviction”- A Word of Warning

Landlords acting in good faith who on the one hand fully intend to carry out timely repairs where th..

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Proposed Pre Action Protocol for Debt Claims – Second Consultation

Following the recommendations of Lord Justice Jackson in September 2014, the Civil Procedure Rules C..

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Unpaid Invoices At Record Levels – An Opportunity?

Research for the Asset Based Finance Association has revealed that British SME’s are owed a stagge..

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Insolvency Fees Raised Again

From Monday 16th November 2015, the Official Receiver deposit has been increased. For bankruptcy pet..

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Consumer Rights Act 2015

On the 1 October 2015 the Consumer Rights Act (“the Act”) came into force affecting traders and ..

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New Section 21 Notice for ASTs Comes Into Force

Hot on the heels of the new section 8 notice which was introduced in April 2015, new regulations com..

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Changes to Consumer Rights – Consumer Rights Act 2015

A raft of new consumer protection legislation is due to come into force in October 2015. It serves p..

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Fears Of “Legal Deserts” As A Result Of Court Closures

Back in July this year, the justice minister, Shailesh Vara (whom it certainly seems is always last ..

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Execution Of Company Documents

The correct execution of documents can be pivotal to the success or failure of litigation. Indeed, a..

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Final Charging Order: Playing The Long Game

The Leasing department at Greenhalgh Kerr was recently able to obtain a settlement of over £19,000...

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It’s Not Fair, His Is Better!

Before the recent general election came the battle of the leaders’ debates. How many should there ..

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Statutory Demands – The Importance Of Other Creditors

The case of Howell v Lerwick Commercial Mortgage Corporation Limited heard in the High Court in May ..

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Jurisdictional Considerations Within The UK

This is a well trodden path but one that nonetheless is not particularly straightforward and continu..

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New Section 8 Form (Landlord & Tenant)

New legislation coming into effect from 6 April 2015 has introduced a new standard form of section 8..

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“Right to Rent” Trial Being Rolled Out Across The West Midlands

The government has recently rolled out a trial of new immigration measures across the West Midlands ..

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Superstrike and The Deregulation Act 2015

A thoroughly uncomfortable period of 18 months of uncertainty for Landlords appears to have been bro..

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Guarantees and Indemnities: A recipe for disaster for Gordon Ramsey

In a recent Court decision, Gordon Ramsey has been held liable under a personal indemnity for rent o..

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Satisfactory Quality Disputes – Top Tips

1. Always remain impartial – at the outset try not to appear as if you are coming down on the side..

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Satisfactory Quality Disputes – Case Study

We handle the full range of complaints, disputes and defended actions on behalf of our clients speci..

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Satisfactory Quality Disputes – What About Exclusion Clauses?

Disputes are a fact of life when dealing with finance collections. They can be time consuming, expen..

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Tax Avoidance Scheme Gives Rise To Recovery Route Through Insolvency

Tax avoidance schemes might be the bane of HMRC but one such scheme has recently presented us with a..

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Increase in Bankruptcy Petition Threshold

Business Minister Jo Swinson recently announced that from October 2015, the minimum sum for which a ..

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HPI : Finance Companies Beware

Whilst HPI is never 100% accurate, it is an essential tool that must be used effectively to ensure t..

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Without Prejudice Correspondence

The words ”Without Prejudice” are often stamped at the top of correspondence in proceedings and ..

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Civil Courts Fee Increase

The Government’s response to its consultation on court fees and charges has been met with constern..

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Mitchell / Denton – Where Are We Now?

One of the most significant changes brought in by the Civil Procedure (Amendment) Rules 2013 – “..

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Intellectual Property: A Source for Finance and Security

All businesses have and generate Intellectual Property (IP). A commercially valuable IP portfolio ca..

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Lender’s Duties When Selling A Repossessed Property

The number of repossession claims has dropped drastically over recent years.  According to Governme..

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Costs and Litigants in Person

Statutory Provisions The right of recovery of costs of a litigant in person is provided for by statu..

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New Regulation For Crowdfunding

The Financial Conduct Authority (FCA) has announced plans to regulate crowdfunding platforms to prot..

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Charging Order Survives Bankruptcy – Nationwide Building Society v Wright [2009]

Background Nationwide Building Society obtained a charging order over Mr Wright’s share in a prope..

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Tenancy Deposit Schemes – Have you protected the deposit correctly?

Requirement Since 6 April 2007, where a deposit was taken by the landlord in relation to any tenancy..

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Key Change in the recovery of Late Payment Compensation

In order to comply with the terms of an EU directive aimed at achieving consistency across the EU in..

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Jackson Reforms – Impact of Increase to Small Claims Limit

The much-heralded, long-awaited Civil Procedure (Amendment) Rules 2013, otherwise known as ‘The Ja..

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Crowd Funding: The Future?

Crowd funding has been around in one format or another for many years, however with the rapid growth..

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Clark v Focus Asset Management & Tax Solutions Ltd

The recent High Court decision in this case could prove to be landmark for the doctrine of merger an..

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Order For Sale – New Threshold Imposed

Section 94 of the Tribunals, Courts and Enforcement Act 2007 (the “Act”) came into force on 17 M..

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Jones v Link Financial – Absurdity Avoided

The financial crisis resulted in a number of negative implications for the leasing/finance world.  ..

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Harrison v Black Horse Limited – end of the road for PPI litigation?

Claims for payment protection insurance (“PPI”) refunds and compensation for mis-selling have be..

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Drysdale v Hedges – Landlord’s Duty of Care on Property Repair

In the recent case of Drysdale v Hedges High Court, QBD 27 July 2012, it was found that the  landlo..

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Charging orders – what to do next…

Background Charging orders have, understandably, over the course of the last 10 years proved to be a..

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Taking A Chance On Section 75 (Consumer Credit Act 1974)

Monopoly players know that if you are lucky you can be dealt a “Get out of Jail Free Card”.  In..

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How to save time and money by issuing for damages and recovery of goods in the same set of proceedings

Recovering leased goods through the courts can take a long time, particularly if a debtor is being e..

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Charging Orders – Want More Than Fixed Costs?

The use of charging orders has always been, and remains, a popular method of enforcement for many. A..

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A step by step guide on Part 7 claims under the new procedure

1.)   A new claim form must be used. This is the replacement N1 and can be found on the Ministry o..

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Leasing is Key in Recovery of European Economy

Whilst it is no secret that the leasing world has always played second fiddle to other methods of fu..

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Costs Don’t Always Follow the Event

Cattles Ltd and another company v Price Waterhouse Coopers LLP QBD, 1 November 2011 [2011] All ER (D..

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Charging Orders and Orders for Sale

Background Charging orders have, understandably, over the course of the last 10 years proved to be t..

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Asset Based Lending – where are we now?

The global financial crisis has had a serious impact on the UK economy, but nowhere has it been more..

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Slow Paying Businesses Bring Shame on North West

When it comes to keeping their cash, North West businesses are the best in the country. Sounds good,..

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The Effect of the Credit Crunch on Asset Finance Lending

Whilst many expert commentators in the industry believe the worst to be over, the global financial d..

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Small Claims and Legal Costs

Q: Is it worthwhile pursuing claims of less than £5,000.00 which are defended in the small claims c..

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PPI next on the list for judicial scrutiny

: Black Horse Limited v Speak [2010] EWHC 1866 (QB) Mr and Mrs Speak (S) obtained a loan from Black ..

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Guarantors – Some Considerations

Q. We are a finance house who entered into a commercial hire agreement with a new company who neede..

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Getting Your Debtor Details Correct

Q. I have recently chased a number of debtors by bringing county court claims against them. In a co..

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