Debt Recovery

Extension of Restrictions under Corporate Insolvency and Governance Act 2020

All, Announcements and News, Debt Recovery, Insolvency /

As of yesterday, Thursday 24 September 2020, the Government has brought into force an extension to the operation of a number, but not all, of the restrictions and measures found within the Corporate Insolvency and Governance Act 2020 (“CIGA”). This has been done via Regulation 2 of The Corporate Insolvency and Governance Act 2020 (Coronavirus) […]

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Using a charging order to recover a debt secured with a personal guarantee

All, Debt Recovery, Litigation, Personal Bankruptcy /

If you are owed a debt which has been secured with a personal guarantee (“PG”) and the individual who provided that PG (“the Debtor”) has a beneficial interest in land, securities (for example, stock, dividends and interest in a trust) or has other assets, you may wish to consider imposing a charge over the same.

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Commercial Debt Recovery: Pre-Action Protocols and Conduct

All, Commercial Litigation, Debt Recovery, Litigation /

The court will expect the creditor to have sent out a Letter Before Claim to the debtor, which would set out the basis of their claim and allow a reasonable amount of time for the debtor to fully respond. For straight-forward cases, it is expected that a response should be received within a period of around 14

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