Debt Recovery Articles

19/11/2016

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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17/10/2016

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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30/03/2016

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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14/03/2016

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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23/02/2016

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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22/02/2016

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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18/02/2016

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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07/01/2016

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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17/12/2015

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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19/11/2015

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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16/11/2015

Insolvency Fees Raised Again

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

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19/10/2015

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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01/10/2015

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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17/09/2015

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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17/09/2015

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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18/08/2015

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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18/08/2015

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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18/08/2015

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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16/06/2015

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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08/06/2015

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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08/05/2015

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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16/04/2015

“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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07/04/2015

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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19/02/2015

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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16/02/2015

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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16/02/2015

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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16/02/2015

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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04/02/2015

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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27/01/2015

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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27/01/2015

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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23/01/2015

Without Prejudice Correspondence

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

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20/01/2015

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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12/12/2014

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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09/07/2014

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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10/12/2013

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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05/12/2013

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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27/11/2013

New Regulation For Crowdfunding

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

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01/08/2013

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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27/06/2013

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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07/05/2013

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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27/03/2013

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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07/02/2013

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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24/01/2013

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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22/01/2013

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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20/11/2012

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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12/11/2012

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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04/10/2012

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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06/06/2012

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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14/05/2012

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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09/05/2012

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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02/05/2012

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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26/04/2012

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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21/02/2012

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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17/02/2012

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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30/11/2011

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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23/11/2011

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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08/11/2011

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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13/08/2011

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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18/02/2011

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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15/09/2010

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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16/07/2010

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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13/04/2010

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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