OFT criticises Wonga debt collection practices – The Guardian

Posted May 22nd, 2012 in consumer protection, debts, fraud, news by sally

“Payday loan company Wonga has been told by the Office of Fair Trading (OFT) it must improve its debt collection practices, after it emerged it had sent letters to customers accusing them of committing fraud.”

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The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Using insolvency to discharge financial order obligations: the blank canvas remains – Family Law Week

Posted May 21st, 2012 in bankruptcy, debts, families, news by sally

“Byron James, Barrister, 14 Gray’s Inn Square explores the, as yet, unfettered and undefined discretion of the court to discharge a party from obligations under orders made in family proceedings following bankruptcy, following the recent Chancery Division case of Hayes v Hayes.”

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Family Law Week, 20th May 2012

Source: www.familylawweek.com

F1 team wins High Court copyright ruling but is ordered to pay substantial unpaid debts – OUT-LAW.com

Posted March 26th, 2012 in contracts, copyright, damages, debts, news by sally

“A design company has been ordered to pay a Formula One (F1) team over £20,000 after it used computer-aided design (CAD) files belonging to the team to help form aerodynamic features for rival cars.”

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OUT-LAW.com, 26th March 2012

Source: www.out-law.com

Call for tighter controls on payday lenders – The Guardian

Posted March 7th, 2012 in consumer credit, debts, financial regulation, loans, news by sally

“Payday lenders should be forced to limit the rolling over of loans, stop allowing customers to switch from one lender to another, and to share information about their customers with other lenders, the business, innovation and skills committee has recommended.”

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The Guardian, 7th March 2012

Source: www.guardian.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Widow conned by husband into paying £1m debt – Daily Telegraph

Posted February 28th, 2012 in banking, debts, news, undue influence by sally

“A widow who says she was conned by her violent art dealer husband into picking up a £1 million debt when he died is fighting a unique High Court battle for the return of the cash.”

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Daily Telegraph, 28th February 2012

Source: www.guardian.co.uk

Costs, Expenses and Provable Debts – Hardwicke Chambers

Posted February 15th, 2012 in administrators, costs, debts, expenses, insolvency, news by sally

“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”

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Hardwicke Chambers, 8th February 2012

Source: www.hardwicke.co.uk

Blight and others v Brewster – WLR Daily

Posted February 10th, 2012 in bankruptcy, debts, enforcement, fraud, law reports, pensions by sally

Blight and others v Brewster: [2012] EWHC 165 (Ch);  [2012] WLR (D)  26

“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

MoJ to use private debt collectors to help recover unpaid court fines – The Guardian

Posted February 1st, 2012 in courts, debts, enforcement, fines, news by sally

“Private debt collectors have been called in to help collect £420m in unpaid court fines on behalf of the Ministry of Justice under pilot schemes that may be rolled out across the country.”

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The Guardian, 31st January 2012

Source: www.guardian.co.uk

Peers who fail to repay wrongly claimed expenses to be banned from Lords – The Guardian

Posted December 14th, 2011 in debts, expenses, news, parliament, repayment by sally

“Disgraced peers who fail to repay wrongly claimed expenses are to be barred from returning to parliament.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Payday loan companies face tougher regulation over high interest rates – The Guardian

Posted December 8th, 2011 in debts, financial regulation, interest, loans, news by sally

“Companies that provide expensive, short-term loans to desperate borrowers face tougher regulation by the government.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

Withers LLP v Langbar International Ltd – WLR Daily

Posted December 7th, 2011 in client accounts, costs, debts, interest, law reports, news, solicitors by sally

Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351

“In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.”

WLR Daily, 5th December 2011

Source: www.iclr.co.uk

Football League in court fight with HMRC over football creditors’ rule – The Guardian

Posted December 1st, 2011 in debts, illegality, insolvency, news, sport, taxation by sally

“A high court judge has been asked to take action against a football industry debt rule described as revealing ‘the ugly side of the beautiful game’.”

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The Guardian, 30th November 2011

Source: www.guardian.co.uk

McGuinness v Norwich and Peterborough Building Society – WLR Daily

Posted November 14th, 2011 in bankruptcy, debts, guarantees, law reports, surety by sally

McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286; [2011] WLR (D) 324

“A petition in bankruptcy against a guarantor could be founded, in certain circumstances, upon a guarantee which had contained a ‘see to it’ clause.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Is the decision in Godfrey a mark of the demise of Debt Relief Orders? – Hardwicke Chambers

Posted October 31st, 2011 in debts, insolvency, news, repossession by sally

“The Court of Appeal heard joined appeals considering the impact of insolvency on the right to make an order for possession and order for money judgment. Sharples concerned a possession claim brought under Ground 8 Housing Act 1988 (a mandatory ground for possession) and was a case in which the tenant had become bankrupt. Godfrey was a case in which possession was sought on discretionary grounds and the court of first instance had made a suspended possession order on terms of repayment of the arrears and granted money judgment; the order was made although the arrears were included within a debt relief order ‘DRO’.”

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Hardwicke Chambers, 28th October 2011

Source: www.hardwicke.co.uk

Nowhere to run: insolvency is no protection from possession proceedings – Zenith Chambers

Posted September 28th, 2011 in debts, insolvency, landlord & tenant, news, rent by sally

“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”

Full story (PDF)

Zenith Chambers, 13th September 2011

Source: www.zenithchambers.co.uk

Sins of the mother must be visited upon son, court rules – Daily Telegraph

Posted July 22nd, 2011 in confiscation, debts, news by sally

“A music student at Cambridge University has been stripped of his picturesque Scottish island home after a court ruled it must be sold to pay off his criminal mother’s debts.”

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Daily Telegraph, 22nd July 2011

Source: www.telegraph.co.uk

HSBC manager held overdrawn customer against her will – BBC News

Posted July 7th, 2011 in banking, debts, false imprisonment, harassment, news by sally

“HSBC bank has written off a customer’s overdraft after a judge decided it had unlawfully imprisoned her and harassed her with hundreds of phone calls.”

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BBC News, 6th July 2011

Source: www.bbc.co.uk

White v Davenham Trust Ltd – WLR Daily

Posted July 1st, 2011 in bankruptcy, debts, guarantees, law reports, statutory demands, surety by sally

White v Davenham Trust Ltd [2011] EWCA Civ 747;  [2011] WLR (D)  212

“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Victims’ Commissioner highlights financial costs for bereaved families – Ministry of Justice

Posted May 11th, 2011 in bereavement, debts, murder, news, victims by sally

“Families who have lost loved ones under terrible circumstances are facing costs of £37,000 on average as they struggle to pick up the pieces, according to figures released today.”

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Ministry of Justice, 11th May 2011

Source: www.justice.gov.uk