As probably all company directors know, they are not personally liable for their company’s debts – with some notable exceptions. The current health crisis is likely to mean that many limited companies are facing financial distress. So, it will be understandable that directors will attempt to avoid this problem by sourcing additional funding to tide their business over as well as negotiating extended payment terms from its existing lenders and creditors.
As we are now all aware, the Government has offered businesses a package of support during the current crisis. Packages include sick pay, business rates, tax and insurance as well as the Coronavirus Business Interruption Loan Scheme. Cynics amongst us say that the only aspect that these offerings have in common is that they are all difficult to access, along with the uncertainty as to precisely when any payments will be made.
COVID-19 is causing economic uncertainty across all areas of business and for individual families. Managing Director Stephen Cowan looks at the position on cash collection and what businesses should be aware of.
The Chartered Institute of Credit Management (CICM) is the world’s largest recognised professional body for the credit management community. As well as facilitating professional qualifications, the Institute’s members have access to a host of resources. For example, their “Knowledge Hub” covers such subjects as “credit risk” and “legal and compliance”, as well as “skills builder”.
The basic rule of jurisdiction is that an individual should be sued in the court where they reside, as opposed to the court where a pursuing creditor carries on business. The rationale for this is to protect “consumers” who are seen to be the commercially weaker party in the relationship.
In ancient Greek folklore a phoenix was a bird which cyclically regenerated or was otherwise reborn again. It’s a nice idea and most of you will be forgiven for thinking that the phenomenon could never happen. However, if we substitute for a “bird” a “limited company” then the concept is almost one of legal abuse.
Many English solicitors are mystified with Scotland’s procedures for the recovery of undisputed debt. This should not be the case. Like our English cousins, ultimately the process involves disposing of a debtor’s moveable property for auction and sale or to put it more prosaically “to convert the court’s judgement into cash”.
On 19 November 2019, Stephen Cowan presented a CPD webinar with The Sheriffs Office on the topic of cross-border enforcement between England & Wales and Scotland.
MMP Financial, trading as "My Money Partner" and "Swift Sterling", has gone into administration. Both businesses offered loans of up to £1,500 over periods ranging from two to seven months, with the entire process being completed online. "Piggybank" another short term lender, collapsed 24 hours prior to MMP Financial’s administration, leaving their 45,000 customers in a state of financial uncertainty. Piggybank offered loans of up to £1,000 to new customers for up to five months. Interest due on the borrowing would typically equate to an annual percentage rate (APR) of between 1,255% and 1,698%. In addition, in 2019 Wonga and Instant Cash Loans also collapsed.
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