Insolvency Update – Using winding up procedure to collect a debt: Sell Your Car With Us Ltd v Anil Sareen [2019] EWHC 2332 – Hardwicke Chambers

Posted October 31st, 2019 in debts, insolvency, news, winding up by sally

‘The recent case of Sell Your Car With Us Ltd v Anil Sareen will be of interest to practitioners in Corporate Insolvency as it provides a useful reminder that there is no strict rule that the winding up procedure is inapt for mere debt collection.’

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Hardwicke Chambers, 7th October 2019

Source: hardwicke.co.uk

Wonga customers’ average compensation payout may be just £118 – The Guardian

Posted October 9th, 2019 in administrators, compensation, complaints, debts, interest, loans, news, statistics by sally

‘Customers who were mis-sold loans by the collapsed payday lender Wonga are expected to receive less than 10% of what they are owed in compensation after administrators revealed that only £41m will be put aside for claimants.’

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The Guardian, 9th October 2019

Source: www.theguardian.com

UK court rejects landlords’ challenge to Debenhams CVA – Pinsent Masons

Posted September 25th, 2019 in company law, debts, landlord & tenant, news, rent by michael

‘Court rejected landlords’ challenge to Debenhams’ CVA in what will be seen as a victory for retailers and a validation of “landlord only” CVAs.’

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Pinsent Masons, 24th Septwmber 2019

Source: www.pinsentmasons.com

Failure to attend trial “means more than turning up late” – Litigation Futures

Posted September 5th, 2019 in appeals, civil procedure rules, debts, delay, loans, news, striking out, trials by tracey

‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’

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Litigation Futures, 5th September 2019

Source: www.litigationfutures.com

Payments from discharged bankrupt ‘should not continue after second bankruptcy’ – OUT-LAW.com

Posted August 9th, 2019 in appeals, bankruptcy, debts, news, trustees in bankruptcy by tracey

‘A man does not have to continue making payments after he was discharged from a first bankruptcy and made bankrupt for a second time, the Court of Appeal in England has ruled.’

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OUT-LAW.com, 8th August 2019

Source: www.pinsentmasons.com

Court rejects appeal against judgment delivered after 18 months – Law Society’s Gazette

Posted July 26th, 2019 in appeals, debts, delay, fraud, judges, judgments, misrepresentation, news by tracey

‘Losing defendants in a civil claim have failed to overturn a judge’s ruling – despite it taking him 18 months from the end of proceedings to hand it down.’

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Law Society's Gazette, 26th July 2019

Source: www.lawgazette.co.uk

Body-worn cameras to be compulsory for bailiffs – BBC News

Body-worn cameras are to be compulsory for bailiffs under government plans to improve the treatment of people in debt.

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BBC News, 22nd July 2019

Source: www.bbc.co.uk

Can’t Pay? We’ll Take it Away! bailiff entered house unlawfully – BBC News

Posted June 25th, 2019 in bailiffs, debts, media, news by sally

‘A bailiff from television’s Can’t Pay? We’ll Take it Away! who entered a house unlawfully left the occupants feeling “violated” and “like the guilty party”.’

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BBC News, 25th June 2019

Source: www.bbc.co.uk

Payday lenders being ‘bombarded’ by spurious claims – The Guardian

‘Compensation claims management firms looking for the next big earner after the PPI scandal have been accused of bombarding the much-criticised payday lending sector with complaints that are often spurious and sometimes without the knowledge of borrowers.’

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The Guardian, 10th June 2019

Source: www.theguardian.com

City regulator bans high overdraft fees to reform ‘dysfunctional’ market – The Guardian

‘The City regulator has accused UK banks of causing “significant harm” to their most vulnerable customers as it pushes ahead with a ban on excessive overdraft fees.’

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The Guardian, 7th June 2019

Source: www.theguardian.com

High court judge leads inquiry into London Capital & Finance scandal – The Guardian

‘The government has launched an independent inquiry into the collapse of London Capital & Finance, the investment firm at the centre of a mounting £236m financial scandal in which thousands of investors lost money. Dame Elizabeth Gloster, a leading high court judge specialising in corporate failures, finance and fraud, will lead the investigation into the company and the oversight of the City watchdog ahead of its collapse.’

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The Guardian, 23rd May 2019

Source: www.theguardian.com

Payday loan complaints reach five year high – BBC News

‘Complaints against payday lenders have soared to a five year high, the industry watchdog has said.’

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BBC News, 15th May 2019

Source: www.bbc.co.uk

I’m still at a loss’: Windrush victims who were forced into homelessness and debt due to scandal still living in anguish and destitution a year on – The Independent

‘On 16 April 2018, Amber Rudd – then home secretary – stood up in the House of Commons to formally acknowledge the Windrush scandal for the first time. The treatment of immigrants by her department’s “hostile environment” was appalling, she said, vowing to deal with cases within two weeks and put things right. But exactly one year later, the suffering goes on. Many are yet to receive a response to their application to the taskforce, leaving them in a “state of limbo” with little or no information about how their case is progressing.’

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The Independent, 16th April 2019

Source: www.independent.co.uk

Government guidance to end “aggressive enforcement tactics” in recovery of unpaid council tax – Local Government Lawyer

Posted April 15th, 2019 in council tax, debts, enforcement, local government, news by michael

‘The Ministry for Housing, Communities and Local Government (MHCLG) is to publish new guidance to improve how councils recover unpaid council tax and end their use of “aggressive enforcement tactics”.’

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Local Government Lawyer, 12th April 2019

Source: www.localgovernmentlawyer.co.uk

Bailiffs should be required to wear bodycams, say MPs – The Guardian

Posted April 11th, 2019 in bailiffs, debts, news, repossession by sally

‘Bailiffs should be officially regulated and required to wear body cameras to monitor their behaviour when they seize property to cover unpaid bills and fines, MPs have recommended.’

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The Guardian, 11th April 2019

Source: www.theguardian.com

Law firm insolvencies hit new high amid ‘loan stacking’ warning – Legal Futures

Posted April 10th, 2019 in debts, insolvency, law firms, loans, news, statistics by sally

‘The number of insolvencies among solicitors’ firms reached a new high last year, Insolvency Service figures have shown, and a funder has warned that the practice of ‘loan stacking’ will only make things worse.’

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Legal Futures, 10th April 2019

Source: www.legalfutures.co.uk

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Home Office still using NHS patient data for immigration enforcement despite suggesting it would end practice – The Independent

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Court of Appeal says no to indefinite delay to insolvency case – OUT-LAW.com

Posted January 18th, 2019 in appeals, debts, delay, foreign jurisdictions, insolvency, news, Supreme Court by tracey

‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’

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OUT-LAW.com, 17th January 2019

Source: www.out-law.com

Students banned from accessing university emails for failing to pay rent, going against CMA rules – Daily Telegraph

‘Students have been banned from accessing university emails and shut out from campus libraries after failing to pay rent, it has been revealed. Undergraduates at the University of Liverpool who live in university-owned accommodation and are unable to pay their rent on time are being handed “academic sanctions”, contrary to Competition and Markets Authority rules.’

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Daily Telegraph, 16th January 2019

Source: www.telegraph.co.uk