Tag: debt recovery

Retention of Title claims and Administrators

When a company is placed into administration, it is typical for a creditor of that company to seek to exercise their retention of title (“ROT”) clause.  But to what extent are administrators under a duty to identify an ROT claimant’s property? The recent case of Blue Monkey Gaming Ltd v Hudson & Others [2014] EWCH (Ch) held …

Creditors bankruptcy petitions– A change is going to come

Changes to the Personal Insolvency debt threshold have recently been announced which are due to come into effect in October 2015.  The proposed changes would mark a significant shift in the options available to creditors pursuing debtors for relatively small debts, and have received mixed views. How the land lies currently The current system entitles …

Does the end of the recession signal an end to bad debtors?

I frequently hear that the occurrence of bad debtors worsens during a recession. Indeed, recent figures published by the Registry Trust, the organisation which records all Judgments entered in England and Wales, shows that the number of County Court Judgments (CCJ’s) entered against businesses in England and Wales has dropped by half in the five …

How can companies avoid bad debt?

Bad debtors are the thorn in the side of every business. While unfortunately, every business will face a bad debtor at some point, in my experience, there are number of preventative steps you can take from the outset that will help put you in the best position possible when a bad debtor arises. 1) Get information …