Is Debt Recovery Possible in the UK?

Debt recovery in the UK

If you’re worried that your debtor will never pay you back, you can start a debt recovery process in the UK. Typically, debt recovery in the country has four main stages – Letter before Action or LBA, issuing court claims, attaining a CCJ or Country Court Judgement, and enforcing a CCJ. Other steps might include Insolvency Proceedings if required. Usually, debtors pay off the borrowed amount at the first stage, requiring no further action. However, in some instances, you might need to go all the way to collect what you are owed.

So, let’s explore the four stages of debt recovery in the UK!

Debt Recovery in the UK

Here’s what you need to know about the four stages of debt recovery in the country:

Letter before Action

Before starting legal proceedings for debt recovery, you should send a letter before action to the debtor. It’s a formal letter that requests them to pay the amount they owe you and warns them of the court claim that will follow if they don’t. It details the amount owed to you from the debtor and provides them with a time, typically seven days, to pay that amount. It’s the essential first step of the debt recovery process. You might have to forfeit the costs if you start legal proceedings without the letter.

Legal Court Claim

When you don’t receive a satisfactory response to your LBA, you can start the next step of the process by issuing legal proceedings via a County Court. This way, the debtor will receive a court form demanding them to pay the debt, interest, and related costs within 14 days. You might also receive compensation of £40 – £100 per invoice with your claim if the Late Payment of Commercial Debts (Interest) Act 1998 is applicable in your case. You will need the expertise of a seasoned lawyer to check the claim and then send it to the court for further action.

Obtaining a CCJ

A CCJ is a court order that confirms the debtor has defaulted on their payment. A Country Court Judgment is the final decision by a court, and it gives you the power to enforce action to collect your debt. It’s recorded against the debtor’s credit record, affecting their future chances of obtaining credit. You can acquire a CCJ directly after the expiry date of your court claim.

Enforcement of the CCJ

Once you have obtained a Country Court Judgment, you can immediately enforce the debt. Take the legal advice of an experienced debt collection attorney on the best way to enforce the debt so that you have the highest chances of success.

You can use multiple methods based on the particulars of your case. If you work with a competent lawyer, they will find precedence for your case and guide you toward the method that will be the most successful in helping you recover your debt quickly.

Annulment of Bankruptcy in the UK – An Overview

annulment of bankruptcy in the UK

At times, a business might face a bankruptcy order that it does not believe should have been given. Alternatively, an organization has repaid the debts that resulted in its bankruptcy and now wants an order from the court to end that bankruptcy. In such instances, the business can apply for an annulment of bankruptcy in the UK.

Let’s explore what that means!

What Is an Annulment of Bankruptcy in the UK?

The annulment of bankruptcy in the UK is filed when you need the court to cancel your original bankruptcy order. The annulment ensures that it appears as if the bankruptcy order was never made. This order is typically made under the Insolvency Act 1986’s section 282. Be mindful not to confuse it with the order rescinding a winding-up order in the case of corporate insolvency.

Who Can File for a Bankruptcy Annulment Order?

Contrary to what one might think, an annulment of a bankruptcy order isn’t just made by the person affected by the bankruptcy order, i.e., the debtor. The trustee named in bankruptcy, i.e., the person who controls the debtor’s estate, can also apply for it. Similarly, it can also be filed by a third party affected by the bankruptcy order.

Grounds Required for an Annulment of Bankruptcy

If you want to have your bankruptcy order annulled by the court, you will need to get it done on the following grounds:

  • If you can prove to the court that the bankruptcy order should not have been made in the first place since there was no justification for it
  • If the court surmises that the bankruptcy expenses and debts have all been secured and paid according to the rules and to the court’s satisfaction
  • If the undischarged bankrupt reaches an IVA or individual voluntary arrangement with their creditors

What Happens After an Annulment Order

The annulment of the bankruptcy order effectively enables you to restore your company’s position to what it was before the court made the bankruptcy order. So, unless the annulment was made based on the fact that you have resolved all your financial woes and paid off your debts, you will remain fully liable for all of the debts and property that were given to the trustee while your company was declared bankrupt.

How to Apply for an Annulment

Only the court of law has the ability to annul a bankruptcy order, which is why you will need to issue an application detailing your grounds for annulment. The trustee, bankrupt individual, or the bankrupt person’s civil partner or spouse can file for the annulment order. Whoever applies for the annulment of bankruptcy will need to prepare a witness statement to go with the application. It should include the evidence gathered in support of the grounds for annulment.

If you apply for an annulment on the basis that you have cleared all your debts, you must provide evidence to the court. You can do that by paying every individual creditor or bankruptcy trustee. If you cannot do that, you must at least provide evidence confirming that you have given security to the creditors, ensuring you will pay off all your debts in full.

Once you submit the documents and application to the court, it will provide you with a notice of a hearing. You will need expert guidance from an attorney well-versed in such cases to keep yourself from making errors that can result in your annulment of bankruptcy application getting rejected.

What Is Cohabitation in UK Law?

What is cohabitation in UK law?

Living with your partner in one home can be an exciting time and a big step in a romantic relationship. However, we often get caught up in the thrill of house hunting and starting a life together and forget about the laws involved in cohabitation in the UK. Despite what people might believe, when you live together with your partner, you don’t get the same legal rights as a married couple.

So, let’s explore what cohabitation in UK law entails and how you can protect your rights in such a living situation!

What Is Cohabitation in UK Law?

Cohabitation is essentially a term that describes unmarried couples who choose to live together. It applies to both opposite- and same-sex couples. If you share a home with your partner and are not in a civil partnership or married, you fall under the label of a cohabiting couple.

However, despite being incredibly common in the country, there are no defined laws for cohabitation in the UK. The term cohabitating can refer to various cohabitants instead of just an unmarried couple choosing to live together.

Despite the lack of clarity on cohabitation in UK law, many people are choosing to adopt this type of household. It’s due to the evolution of societal, economic, and religious motives for marriage, as well as the expenses involved in hosting a wedding and the increase in divorces. Today, couples prefer to test the waters while living together, but cohabitation has its share of disadvantages.

The Risks Involved in Cohabitation under UK Law

When you’re cohabiting with your partner, you have to face the risks involved in the breakdown of your relationship. While there will be no divorce proceedings, you might have to divide your shared assets and more. Whether you are about to move in with your partner or deciding to part ways with them, you should consider if you have an understanding of what assets belong to which party and what might happen if your home is under one party’s name despite both the parties having paid its mortgage and many other concerns.

How You Can Protect Yourself When Cohabiting with Your Partner

When you learn more about what cohabitation is under UK law, you can discover multiple ways to protect your interests in such a relationship. For instance, you can find a qualified attorney to draft a TA Cohabitation Agreement for you and your partner. The couple can include all of their contingencies in case of death or separation. It will be a mutually agreed-upon plan that can include individually owned and joint property, assets, child arrangements, finances, and more. With such an agreement, you can benefit from financial protection and the fair division of related and familial obligations.

Additionally, you can get a declaration of trust drafted for your property purchases to confirm who owns the property. This trust will reflect your unique agreement and propositions for the value and equity of the property. It formally records every wish of all involved parties to mitigate the risk of future disagreements.

Lastly, make a valid will and study the requirements of Child Maintenance Services to ensure your children’s best interests are taken care of in case of separation from your partner. A seasoned attorney will be able to help you go into such an arrangement with a sound mind and protect all your interests from the get-go.

What Do Extradition Defence Solicitors Do?

extradition attorneys

When an individual is accused or convicted of a crime in a foreign state that happens to have an Extradition Agreement with the UK, then that state can request that individual’s extradition from the country. The only way to fight such orders is through extradition attorneys.

Even in instances when a country does not have an established Extradition Agreement with the UK, they can draft special arrangements to ensure that individual’s removal from the UK. Being involved in an extradition request can be a significantly distressing experience since the requested individual is rarely provided with a notice of arrest at another country’s request. It’s when you can benefit from seasoned extradition solicitors’ services.

Let’s explore how an extradition solicitor can help you.

What Do Extradition Attorneys Do?

If you fear that you will be arrested under international law, such as the European Arrest Warrant, while residing in the UK, you should contact seasoned extradition defence solicitors. Since extradition is a technical law niche, you will need specialist attorneys to advance your case in a direction favourable to you and assist you throughout the often tedious process.

An extradition attorney is required to defend people arrested under a warrant and assess the strengths and weaknesses of their extradition request to prepare their case. They have well-established international contacts who can offer them further assistance when required. Experienced extradition attorneys deal with minor and serious allegations.

Extradition Solicitors’ Services

Here are the different aspects of extradition an experienced attorney can help you with:

  • Giving you advice before your extradition proceedings, going over Interpol Red Notice challenges, and more
  • Negotiating with the authorities to avoid extradition proceedings in their entirety
  • Coordinating with your extradition attorney team when needed, especially if your extradition request is politically backed
  • Advising you on voluntary surrender, police representations, and bail packages before eventual arrest
  • Challenging the extradition request in the court of law
  • Offering advice on all legal developments in the case
  • Assisting with all foreseen and unforeseen challenges of the extradition request
  • Utilising existing database and access to overseas contacts to attain expert reports in challenging the request
  • Facilitating a favourable compromise when required
  • Representing appellants in extradition appeals when required

The job of qualified extradition attorneys is to ensure that you can rely on comprehensive legal advice and support to prepare for your extradition case and challenge the request with the help of expert evidence and legal representation. Regardless of the origin of the extradition request, an experienced extradition solicitor will understand that request and the requirements of that country and help you navigate their consequences on you and your family.

The Bottom Line

Since facing extradition can be an overwhelming process, you must act proactively and hire the finest extradition attorneys to fight your case, offer you a fair trial, and provide sound advice and services to handle the technical, human rights, and statutory challenges involved in the case.

What Is Considered Careless and Dangerous Driving in UK Law and Why Does It Matter?

Careless and dangerous driving in UK law

There are several driving offences pertaining to how you’re driving in the UK, all of which come under two categories. These categories include careless and dangerous driving. Dangerous driving can pose a greater potential risk to the safety of the driver, other vehicular traffic, and pedestrians than careless driving. Therefore, cases of dangerous driving typically carry a greater penalty than those of careless driving. This article highlights what is considered careless and dangerous driving in UK law and why you should know about it.

Careless and Dangerous Driving in UK Law

If you are behind the wheel on the road (provided you have a driver’s licence), the law in the UK expects you to adhere to a minimum standard of driving. Failing to meet those standards leads to careless or dangerous driving, both of which are punishable by law. You should note that this law is applicable to all motor vehicles on the road, including motorcycles.

What Is Considered Careless Driving

Careless driving, according to UK law, is the act of giving less than reasonable consideration to other road users. Therefore, you can be penalised by the law if you perform any of the specific behaviours mentioned below.

  • Using your mobile phone while driving or being distracted by something inside your vehicle
  • Tailgating
  • Braking suddenly
  • Not looking properly, especially when taking turns
  • Allowing your attention to be diverted away from the road because of something outside of your vehicle—rubbernecking is an example of this
  • Getting on another driver’s path
  • Overtaking another vehicle from the inside

Penalties for Careless Driving

Being charged with careless driving may lead to different types of penalties, which include the following.

  • A fine of up to £5,000
  • Driving disqualification
  • Between 3 and 9 penalty points

What Is Considered Dangerous Driving

As mentioned above, dangerous driving in the UK is a little more extreme than careless driving. Thus, it entails behaviours that actively put your life or the lives of others within your car or on the road at risk. Examples of dangerous driving include the following.

  • Driving over speed limits, driving aggressively, or racing other drivers
  • Overtaking other vehicles dangerously
  • Driving a vehicle that you know has a major fault or hauling an unsafe load
  • Driving under the influence of drugs or drink—prescription drugs included
  • Not following road signs, traffic lights, or passengers’ warnings
  • Driving while being physically unfit to do so, including being unable to see clearly, injured, fatigued, etc.
  • Allowing your attention to be diverted by something in the car

Penalties for Dangerous Driving

Being charged with dangerous driving may lead to different types of penalties, which include the following.

  • A fine with no upper limit
  • Driving disqualification for at least 2 years
  • Between 3 and 11 penalty points
  • Possible imprisonment

Final Words

Being charged with careless and dangerous driving in UK law can have significant penalties. So, if you believe you are being wrongfully persecuted, get legal representation to fight your case.

Can Solicitors Help If You Are Driving Whilst Disqualified?

A driver wearing glasses

Driving whilst disqualified is considered an absolute offence, which means no fault elements are needed to declare an offender guilty. This means that if you are caught at the wheels while you are banned from driving, your chances of escaping punishment are slim to none.

However, in some cases, you might be able to find some wiggle room if you have a solid defence. If you find yourself in that scenario, you must seek help from motoring offence solicitors to ensure that you have adequate justification to mitigate your penalty. Unfortunately, your odds of getting the offence reversed altogether are non-existent since it is seen as a major crime.

What Happens When You Are Caught Driving After Disqualification?

If the police catch you in a motor vehicle whilst you are disqualified, you will be immediately taken to the police station. You cannot escape this fate because officers will only listen to you after you have been arrested. That is, you will be interviewed after you have been photographed at the station and your fingerprints and a DNA test have been taken.

What Is The Penalty For Driving Whilst Disqualified?

There are many motor offences that a person can commit, but if they are caught behind the wheels while they are banned, they will face severe punishment.

The penalties for driving whilst disqualified include

  • A fine up to £5000.
  • An extension to your driving ban
  • Six points of penalty on your driving license
  • Community service
  • Mandatory attendance at motor safety seminars
  • A curfew
  • Imprisonment up to 12 months

Your punishment may be more severe depending on your ban period. That is, the longer the ban period you have been given, the more serious your offence will be. Hence, your penalty could be more severe, such as longer imprisonment.

Moreover, it must be noted that your driving ban period will be decided based on your motor offence track record. If you get 12+ points within 3 years, you will be disqualified for 6 months. If you are charged a second time within 3 years, your disqualification duration will go up to 12 months. Lastly, if you are disqualified a third time within the same 3 years, you will be banned for 2 years.

What Defences Are There When Caught Driving Whilst Ban?

Although there aren’t many justifications that you can give to save yourself from the penalty for driving while banned, you can try to appeal for leniency in magistrate court on the basis of the following accounts.

  • You were not driving the vehicle.
  • You were not driving on a public road with other motor vehicles
  • The police made an error and that you weren’t disqualified or that your disqualification period had passed a while back.

If you present a well-supported case in magistrate court, you can get your sentence or fine reduced.

However, as already mentioned, getting lenient treatment when caught driving whilst banned is almost impossible unless you are absolutely certain you are not guilty.

The best practice in such a scenario would be to reach out to motor offence solicitors and let them study your case. If they believe that you are indeed innocent, they may guide you to apply for a plea in court.

What to Know About the Revocation of a Deportation Order

Revocation of a Deportation Order

There are a few situations in which you or your loved ones may be being deported from the United Kingdom. This can happen to both foreign nationals and citizens of the UK. In such situations, you can contest your deportation on certain grounds, which include a change in circumstances or new information brought to light.

Thus, hiring solicitors to draft and apply for a revocation of a deportation order can potentially change your ruling if there are faults made in your conviction.

With that said, this article discusses deportation in the UK and how you can possibly revoke it.

Details about Deportation in the UK

Deportation is the process of forcibly removing an individual from the UK for the ‘public good.’ The Home Office enforces this removal, and it does it to individuals who are typically serving a prison sentence in the United Kingdom. Any individual with a prison sentence of greater than 12 months is considered for deportation as that is in the benefit of the public, according to the Immigration Rules.

It’s important to understand that being a British citizen doesn’t necessarily mean that you are safe from deportation. There are two ways that the Home Department Secretary of State can strip your citizenship: deprivation and nullity. The latter involves fraudulent identity.

Deprivation is the process of removing a person’s British citizenship under the British Nationality Act 1891, Section 40. The grounds for deprivation include false representation, fraud, because it’s in the betterment of the public, or concealing a material fact. The Secretary of State can make the case that it is conducive to the public good if the individual is involved in war crimes, serious organised crime, or terrorism.

Revocation of a Deportation Order

Revocation of a deportation order is done after the deportation has already occurred. You can apply for one through a solicitor if you and your legal team believe that there’s a chance to change the original order. Therefore, you can do so when there’s a change in circumstances.

For example, revocation can be in the interest of a community. In addition to that, you can also apply for revocation if it is in your interest, which includes compassionate circumstances.

Deportation solicitors in the UK can also help you with your revocation if there is new information available that can overturn the original ruling. It is always in your benefit to first discuss your options with experienced solicitors before you make any decision.

They can guide you on how to proceed with your case. They can also help you with applying for re-entry to the United Kingdom under the Immigration Rules. Thus, the revocation does not entitle anyone to be able to re-enter the UK right away. Seeking admission is necessary for that.

This area of law is complex and life-changing for the affected, so make sure to hire a competent team of experienced solicitors.

What to Know About the Operation of Branch Offices in Europe for a UK-Based Company

Branch offices in Europe

If you have a successful company in the UK, you may consider expanding to other parts of Europe, where you can expect a significant consumer base. The expansion to other areas creates offices that are known as branches.

Branches are simply smaller divisions of parent companies in different locations. Of course, creating branches will require a lot of legal work to be able to set up a branch there and facilitate its operation. Thus, this article explains a few factors you must consider to have your branch offices in Europe operate well.

Details Regarding Opening and the Operation of Branch Offices in Europe for a UK-Based Company

Businesses often create branches to manage administrative operations in the locations that they serve. For example, if you have an online retail store that ships products to certain countries in Europe (outside of the UK), you can set up branch offices there to manage logistic operations and others. This can also be a good option for businesses that have relatively low risk.

Legal Concerns When Opening and Operating Branch Offices in Europe

Any branch in Europe will be an extension of your company in the UK—not a distinct entity. Thus, you must present legal evidence of the existence of your UK company to be able to open a branch in another country.

You will also need to register with the VAT authorities and present exactly what it is that your parent company does and what the branches will do. You cannot operate your branch in other parts of Europe without first performing these tasks. These are required both for UK authorities and the country’s authorities where you plan to set up the branches.

Hire International Law Solicitors for Legal Help

Operating branch offices is a complex matter. There are laws of the specific countries, their regional laws, and even certain laws and regulations of the EU. That’s why you should hire international lawyers based in the UK. They will be aware of all of the details about specific countries’ laws regarding this matter. As a result, they are much less likely to miss out on any details or make errors than any UK-based lawyer.

Your solicitors will offer the right legal guidance on all aspects of this matter, showing you what you must do to make sure that you don’t run into any legal troubles in the future. Some solicitors can also overview the entire process of opening branches, explaining whether it’s even worth the investment.

Final Words

The operation of branch offices in Europe for a UK-based company will require a lot of legal work. Thus, you should never entrust this process to solicitors who have no experience or limited knowledge of this specific legal area. You could end up losing a lot of money by overlooking even small details.

What Are HMRC Offences in the UK?

HMRC Offences in the UK

What are HMRC offences in the UK? To understand that, you first need to have a basic understanding of the HMRC. The HMRC stands for Her Majesty’s Revenue and Customs. It is, thus, a part of the UK Government as a non-ministerial department. Its major role is to ensure that all taxes are collected, national insurance numbers are issued, certain state support payments are made, and other administrative work related to regulatory regimes such as the minimum wage in the UK is decided and maintained.

Therefore, HMRC offences pertain mostly to tax evasions for individuals and companies. This article gives you a brief overview of what these offences are, and it explains what you must do if you are ever found making these offences.

HMRC Offences in the UK – An Overview

HMRC offences are criminal and civil offences. Therefore, there are two types of HMRC investigation officers: civil fraud investigators and criminal investigators. Civil fraud investigators are typically deployed during certain circumstances as a cost-effective option. Criminal investigation officers handle more severe cases of criminal activity. The use of these investigators also acts as a means of deterrence for others who may consider such criminal activity that warrants the attention of the HMRC.

It’s important to note that the HMRC will not consider civil fraud investigators for two specific types of fiscal offences:

  • Organised Tax Credit fraud
  • ‘Bogus’ VAT registration payment

The criminal investigation officers handle the aforementioned fiscal offences. The criminal investigation officers are also considered over their civil fraud counterparts for the following circumstances pertaining to HMRC offences in the UK:

  • Systematic tax frauds or attacking the tax system by organised crime units, indicating a severe threat to the tax base
  • Perpetrators have committed repeated offences or are guilty of prior civil action
  • The use of forged or false documents
  • Money laundering with professionals, such as solicitors, accountants, or advisors, using means to hide the money
  • Situations that are suspected of having deception, deliberate concealment, corruption, or conspiracy
  • Providing materially false documentation or making materially false statements during and about a civil investigation
  • The misuse, unlawful destruction, or theft of HMRC documentation
  • Threats to, assaults on, or impersonations of officials of the HMRC

The list above is not exhaustive. Thus, there are other situations in which criminal investigators are used to handle certain HMRC offences in the UK over civil fraud investigators. That is precisely why you will need experienced solicitors to handle your case if you are convicted of any HMRC offences.

What to Do If You Have Committed HMRC Offences in the UK

HMRC offences can be extremely severe, especially if the criminal investigation division is involved. As mentioned above, you must hire a group of solicitors who are well-versed with the nuances and issues regarding HMRC offences. They can guide you with the appropriate legal action to fight your case effectively.

What Can Immigration Solicitors in the UK Help You With?

Immigration solicitors in the UK

The role of an immigration attorney is relatively distinct when compared to lawyers in other categories of law. Immigration solicitors in the UK can help you proactively and reactively by facilitating you in putting together applications for your entry and stay in the country.

Let’s explore the role and services of an immigration lawyer in the UK!

Who Are Immigration Solicitors in the UK?

An immigration attorney or solicitor is a legally qualified individual whom you can hire to help you with your immigration case. You can also call them your advisor or caseworker. Immigration law is inarguably a complex field of law, and you need an immigration lawyer in your corner to help you with your case. They can give you pertinent legal advice, guide your practical actions, help you assemble evidence, write your applications, and more. For instance, an immigration solicitor can ensure you have the correct visa to enter the UK.

Services of an Immigration Solicitor

There are several areas of immigration law your attorney can provide advice to and represent you on. The services of an immigration solicitor include working with you on visa extensions and applications, asylum seeker applications, and more. If you happen to be an asylum seeker, an immigration lawyer can receive public funding for your case. They can also come to visit you when you are detained and speak about your case.

An immigration lawyer can help people with British nationality, work visas for the UK, student visas for studying in the country, and more. They can help you file applications for indefinite leave to remain in the country, sponsor licences for businesses that want to employ foreigners, and acquire family or partner visas for your relatives and partners coming to the UK.

Since immigration cases can be quite complex with changing immigration laws, your attorney will first offer you initial advisory sessions to understand your circumstances. They will not down the facts of your case and provide you with the way forward. They might ask for your personal details, immigration history, income and work-related documents, and more.

How will an Immigration Lawyer Help You?

An immigration lawyer will help you interpret immigration law and make it accessible for you so that it’s easier for you to meet the requirements of your visa application and other relevant cases. They will advise you on the documents and related evidence you will need to assemble to increase your chances of approval. They will also review your application and polish it, so it does not have missing evidence or small errors.

Moreover, if your application gets rejected unfairly, your lawyer can lodge an appeal against the decision. They can investigate why your application was rejected and guide you on how to proceed with your case. Just make sure to work with a professionally accredited immigration solicitor in the UK.

The Office of the Immigration Services Commissioner regulates all immigration advisors, and your adviser should have OISC accreditation. This way, you can ensure you are getting the best legal advice from a competent immigration solicitor.