A Look at a Recent Bankruptcy Petition

A Look at a Recent Bankruptcy Petition and Application for Substituted Service How Debt-Claims Secured

Recently, Debt-Claims were instructed by a client  who wanted to present a bankruptcy petition against a former tenant, who owed around £50,000 in rent. The debtor had recently left his address and his whereabouts were unknown. Initially, we drafted a statutory demand and instructed a process server to make attempts to serve. After attending the...
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Waiting for judgement

How Do High Court Enforcement Officer Fees Work?

In recent years, rules have changed on who must pay VAT on the enforcement fees for work carried out by High Court Enforcement Officers (HCEO) against judgment debtors. To help simplify the situation, we have provided a brief guide below of when VAT is applied and who is liable, depending on the VAT status of...
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What Does Setting Aside a Statutory Demand Mean?

Following service of a statutory demand, a debtor has 18 days to apply to have it set aside (this includes both companies and individuals). Using its discretion, a court may set aside an application made outside of 18 days if, for example, a petition has not yet been presented by the creditor. Setting aside a...
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What are the Differences Between Legal Costs, Fixed Costs, Court Fees and Disbursements?

When talking to a client about what costs they can expect to incur, it’s all too easy to churn out a list of different fees. To a lay client, not only can this be confusing, but it often makes it sound more complicated that it is. The process is often complicated further because different lawyers...
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Supporting a Petition and Taking Carriage

Generally, with insolvency petitions (bankruptcy and winding-up) these are initially presented (submitted to the court) by a single creditor. In contrast to money claim proceedings; where other creditors are owed money by the same debtor and there is an existing petition, the subsequent creditors would support the existing petition rather than presenting their own. If...
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Should I Still Claim Interest in the Current Climate?

When the subject of issuing proceedings against a non-payer comes up, clients often ask us whether they should claim interest (and compensation/costs) from the debtor. With the current climate and rising costs, the question seems evermore important – particularly from a morale standpoint. Whilst it is ultimately the client’s choice, our advice is always the...
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How Will the Interest Rate Rises Affect my Claim?

With the unprecedented and frequent changes to the Bank of England interest rate, it raises the question of how this can affect your claim.The first consideration is the basis on which you are claiming interest. Generally, this will be either contractual interest or statutory interest. Contractual Interest Contractual interest is where the terms of the...
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How Soon After Payment Will the High Court Enforcement Officer (HCEO) Send the Money?

After suing a problem debtor, obtaining a county court judgment (CCJ) and transferring the matter to a High Court Enforcement Officer (HCEO) via a Writ of Control, it is a welcome relief when we can update our client that payment has been obtained by the HCEO. Under the provisions of the Insolvency Act 1986, the...
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What Fees or Costs can I Expect in a Defended Small Claims Matter?

At Debt-Claims, we pride ourselves on offering a comprehensive legal service at reasonable and cost-effective prices. With this in mind, we have priced our small claims matters as competitively as possible because we are firm believers in pursuing what is owed to our clients, without the worry of escalating or uncapped costs. Issuing Proceedings To...
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