Why pre-action or letters before action are essential

When chasing a business or person for a debt, it’s usually a good idea to send a letter before action – also known as a pre-action letter – before commencing legal proceedings. A letter before action is a formal notice requesting payment of an outstanding debt within 14 days in accordance with Part 7 of…

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HMRC’s Return to Crown Preference is Unfair

Expect more companies to go bust from April 2020, unless the government halts plans to make HM Revenue & Customs (HMRC) a secondary preferential creditor in insolvencies. These plans are consultative, but could impact creditors significantly if implemented. As a preferential creditor, HMRC could claim overdue penalties, VAT, PAYE, and national insurance contributions dating back…

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Landlords must reduce rates or face high street exodus

The future looks bleak for British landlords, especially those renting in town centres and cities because everyone knows our high streets are changing. Fashion retailer Primark recently claimed to be seeking rent reductions of up to 30% in negotiations over new leases. The Irish retailer is considering entering a Company Voluntary Arrangement (CVA) to help…

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Prepare your business for Brexit, deal or no-deal

Irrespective of who becomes the UK’s next Prime Minister, it’s essential that business owners prepare for Brexit. Cynical business leaders may take advantage if the UK leaves the European Union (EU) without an exit deal on 31 October. It’s likely they will show no loyalty to European suppliers after the leave date. Consequently, don’t be…

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Pros and cons of CVAs for debtors and creditors

Office Holdings, owner of Office and Offspring shoe shops, is said to be the latest high-profile retailer to consider entering a company voluntary arrangement (CVA) – so what’s a CVA, and why are they so popular? In recent weeks, clothing and accessories merchant Monsoon Accessorize, and the Arcadia Group – home to brands such as…

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Congratulations to Arcadia’s CVA creditors

Creditors of a business that has recently entered a company voluntary arrangement (CVA) would be wise to follow the example set last month by the creditors of waning fashion retailer Arcadia. Arcadia’s creditors did well to encourage Sir Philip Green and his wife to part with more money than they’d intended. Simply by standing up…

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