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Meeting to discuss the changes to the Late Payment Legislation Act

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12 years 5 months ago #562 by David J
I have a meeting in early December with the Enterprise, Policy and Strategy Debt of the B.I.S. to discuss the current late payment legislation and the implementation of the recast legislation. I will be asking what changes will be made to the current legislation and when. As well as other questions.

If anyone would like to make any suggestions for improving the legislation or if there are any questions you may have, then I will gladly put them to Mr Chammings. You can either add them here to this post, or if you prefer, they can be emailed directly to me.

I'm sure my time will be limited and if I cannot put forward any questions or suggestions from users of this site, I will make sure they are printed out and handed to Mr Chammings.

Regards

David

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12 years 4 months ago #575 by rayprince
It is my opinion that the entire Late Payment Legislation is not working.
There is no longer any fear or shame of being in debt and, in fact, it is now becoming becoming the norm for both individuals and businesses to ignore any debts they have.
There is no fear because there is very little the creditor can do about money they are owed and the little they can do is slow, expensive and ineffective.
There is no shame of being in debt since the whole World seems to run their affairs in this way these days.
The biggest problem with the Late Payment Legislation is that the courts treat it as an onerous duty to have to go through the motions in enforcing it, and so offer no real remedy for a creditor to recover a debt. In fact, even before one starts the process of the supposed remedy they try to warn you off by saying 'there are no guarantees you will recover what you are owed' etc. In reality what they mean is that there is virtually no chance! Despite this they make hefty charges for this ineffective service!
If there was one single thing that might improve things would be for the Courts to allow creditors to employ private bailiffs to enforce warrants after obtaining a judgment. As it is, the creditor has to use the Court's bailiffs, who are generally spectacularly unsuccessful in seizing goods from the debtor to pay their debts, and still charge a fee of a minimum £100 for their failures!
Councils can employ private bailiffs for recovery of council tax debts, why can't everyone else? Why are we forced to use the ineffective court bailiffs?

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12 years 2 months ago #607 by Jimmyicc
i have got a judgment and was in the same boat as you one call from county court bailiff and nowhere
So upon investigation you can move your case to a higher court
I’m in the process of doing this at a fee and then you can use your own bailiff. Yes more money to spend but it just gets added to the outstanding amount

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12 years 2 months ago - 12 years 2 months ago #608 by jimbo22
was your judgement for late payment compensation and interest also ?

I guess the important thing is always to ensure action is against a solvent debtor, rather than a business with cash shortages.

In these times, any solvent business surely would wish to protect its credit rating and reputation, and therefore settle its debt before any judgement would start to do it damage.

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12 years 2 months ago #609 by Jimmyicc
Yes i added interest and compensation
The customer was paying then just stopped so after several letters I took it to court and got a judgment
I then realised that the County court bailiff will only try once to recover money owed

So i then done some digging around and came across High Court Enforcement thing which I’m now going through
This allows me to employ my own bailiff to go and recover the amount owed
At least this way the bailiff if he wants paid will have to get my money

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