Legal News

Temporary debt recovery restrictions have ended

Debt recovery restrictions brought in last year to safeguard businesses affected by the Coronavirus pandemic have ended. 

The Corporate Insolvency and Governance Act 2020 introduced temporary measures which were designed to protect viable businesses from being forced into insolvency due to trading restrictions caused by the coronavirus pandemic.

Restrictions relaxed the pressure on companies with debts under £10,000 and commercial rent arrears. They also required creditors to wait an extra 21 days before issuing a winding-up petition for debts over £10,000.

Creditors free to choose how they pursue debts

From today, creditors will once again choose how to pursue unpaid debts, removing uncertainty over a temporary requirement for a 21-day notice period to be served before issuing a winding-up petition. 

Those businesses still struggling financially post-covid, are now at risk of creditors looking to pursue indebtedness.

Background 

In September, the government announced that the previously imposed restrictions on statutory demands and winding-up petitions – which were due to expire on 30 September 2021 – would not be extended but would instead be replaced with more limited restrictions for winding-up petitions presented between 1 October 2021 and 31 March 2022.

Once the moratorium lifts today, there could be an influx of debt claims and/or compulsory winding up orders being issued against debtors in respect of non-payment of undisputed debts. In turn, this potentially could lead to increasing numbers of insolvent companies.

Creditors should be assessing how they intend to pursue debt going forward by predicting where potential problems could be.

Debtors are advised to seek help early to assess their options if they feel they will struggle to pay.

Need advice?

If you have debts that you are struggling to pay or would like help recovering debts that you are owed, you can call our Dispute Resolution Team for advice on 01772 799 600.

Article by Julie Flynn

 

Natalie Brookfield
Practice Manager
01772 799623
 
Marsden Rawsthorn Solicitors Limited
Faraday Court

Faraday Drive

Fulwood

Preston
PR2 9NB
DX 25404 Fulwood 2
Find us:  Preston Office    Chorley Office    Website   
Marsden Rawsthorn is the trading name of Marsden Rawsthorn Solicitors Ltd (registered number 8282848) at registered office Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB. 

 This firm is authorised by and regulated by the Solicitors Regulation Authority.. This firm does not accept service by email or facsimile. Practice number 591294. 

  

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