Monday, June 15, 2009

With Friends Like This...

Obviously, businesses need to collect the money due to them from debtors. Equally obviously, their ability to do so is vital to the economy – particularly as banks remain reluctant to lend money. Sadly, the Government does not seem to be able to grasp these simple facts and - despite everything we hear and read about Government plans to help business - seems intent on making things worse, not better.

  • Court fees for debt collection are still set to rise so substantially that it will in many cases be uneconomic to use the Court system – and they are already so high that I have been advising clients to avoid going down that route for some time.
  • The Insolvency Service has already increased the deposits payable on Company Winding-up Petitions and Creditors’ Bankruptcy Petitions as of April 6th. Those fees, too, were already prohibitive – so that route, too, seems set to be closed to many creditors.
  • Helpful proposals to amend the laws governing Attachment of Earnings and Charging Orders will not now be implemented - probably due to public opinion as to the Government's handling of personal data.

And just to bring a little more sunshine into your life: creditors chasing individual debtors or consumers must now use new wording in their chasing letters – debtors must be advised that agencies such as Citizens Advice can help them, for example – and it is proposed that Letters Before Action contain a 14 day cut-off period rather than the 7 day period previously demanded. This is an extra administrative burden on creditors and can only result in further delays in payment.

With friends like this...

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