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Aggressive debt collection practices can have severe consequences for vulnerable people, as demonstrated in the case raised by Martin Lewis’ charity. Local councils, often responsible for collecting unpaid council tax, have been criticised for hiring third-party debt collectors who engage in practices that exacerbate financial and emotional stress. Vulnerable individuals, who may already be experiencing […]

As the cost of living continues to rise, many people across the UK find themselves unable to meet their financial obligations. Increasing energy bills, rent, and food prices have pushed households into debt, with some struggling to pay even their most basic bills. In these situations, individuals may feel overwhelmed by the mounting pressure from […]

In the world of insolvency law, two terms often come up when businesses face financial difficulty: receivership and administration. These processes, while both designed to deal with insolvency, differ significantly in their purpose, structure, and outcomes. For creditors, debtors, and insolvency practitioners alike, understanding the distinctions between receivership and administration is critical for determining the […]

Debt collection can be contentious, particularly when consumers feel unfairly treated. In England, the Financial Ombudsman Service (FOS) plays a crucial role in resolving disputes between consumers and financial services, including those related to debt collection. Understanding the powers of the FOS in handling debt collection complaints is essential for both debt collection agencies and […]

On 18 March 2024, the UK Regulators Network (UKRN), alongside the Financial Conduct Authority (FCA), Ofcom, Ofgem, and Ofwat, issued a joint statement outlining their shared expectations for debt collection practices by regulated companies. This statement is critical when many consumers face financial difficulties due to ongoing cost-of-living pressures. The aim is to ensure companies […]

Third Party Debt Orders (TPDOs) are a powerful tool for judgment creditors seeking to enforce a judgment by freezing and seizing funds owed to the debtor by a third party. However, utilising this enforcement method requires careful consideration and understanding of the legal processes. Missteps in applying for a TPDO can lead to wasted resources, […]

Introduced in May 2018, the GDPR imposes strict requirements on organisations’ handling of personal data. For debt collection matters, these changes have brought about various compliance challenges and opportunities. This article examines the impact of the GDPR on debt collection practices in England and Wales, focusing on the roles and responsibilities of Controllers and Processors, […]

Proof of debt plays a central role in liquidation, administration, and Part A1 moratoriums, enabling creditors to assert their claims and partake in the distribution of the insolvent estate’s assets. This article delves into the function and importance of proofs of debt, how decisions regarding these proofs can be contested, and the process for foreign […]

In the domain of debt collection, winding up proceedings are a potent tool for creditors seeking to recover debts from insolvent companies. These proceedings, also known as compulsory liquidation, can compel a debtor company to cease operations and liquidate its assets to pay off creditors. While this legal remedy is powerful, it is not without […]