Cryptocurrency Scams

Cryptocurrencies are becoming more popular. They can be accessed by anyone and could be considered a potential asset type in both bankruptcy and company cases.

Creditor Action – Where are we up to?

Beverley Budsworth – The Debt Advisor FCA regulated Debt Solution Provider Judgments increasing against consumers Judgments in first quarter of 2021 Judgments against Businesses Judgments against consumers 1st quarter 2021 15,210 234,921 4th quarter 2020 15,502 194,102 1st quarter 2020 33,518 269,023   Judgments against consumers have increased by 21...

Tax Arrears – What Treatment Can You Expect From HMRC

In November 2020, HMRC updated its policy page around how it will continue to support taxpayers and the economy going forward into 2021.

INSOLVENCY TRADE BODY R3 LAUNCHES NEW COVID CVA PROPOSALS

R3 together with law firm Fieldfisher have launched a new Covid Company Voluntary Arrangement “CVA” standard proposal template for smaller businesses. This is a very welcome addition to the rescue tools needed to help SME’s.

What Is The Insolvency Moratorium?

The moratorium grants a business ‘breathing space’ from its creditors to allow a plan to be formed to restructure the company’s debts. Initially a break of 20 business days is granted, however this can be extended by a further 20 business days by filing an extension with the court. Further...

Postmasters celebrate huge victory against convictions

Over the past 10 + plus years there have been problems with the security of the Post office system and had led to hundreds of post masters being prosecuted for theft of funds from the Post office. Senior Post Office executives were told back in 2011 that the Horizon system...

HMR & C regains preferential status for insolvencies after 1 December 2020

The Finance Act 2020 provides for HMR & C to regain preferential status for certain debts including PAYE, Employees NIC, VAT, student deductions and CIS deductions. The new status is only relevant for insolvencies that commence after 1 December 2020. Current Preferential Creditors At present the only creditors that have...

RECOVERY PLAN FOR COVID CRUSHED (ZOMBIE) BUSINESSES

By Bev Budsworth, MD of the Business Debt Advisor Covid Crushed (Zombie) Business I am not a fan of the term “Zombie”for a business but it does paint a picture. There have been many articles written about Zombie businesses over the years. The term originated in the 1980’s with economists...

Do you need to make staff redundant but cannot afford the cost?

Employers Obligations Employers must make statutory redundancy payments to redundant employees who meet the qualifying criteria for redundancy under the Employment Rights Act 1996. In most cases this will be employees who have worked continuously for their employer for 2 or more years. You are required by law to consult...

CVA’s – an increase on the cards to deal with Covid 19 debt?

CVA’s – an increase on the cards to deal with Covid 19 debt? Many thousands of businesses are likely to emerge from the Covid lockdown debt laden through no fault of their own. Incomes for most businesses apart from the food industry will be affected and owners will have no...

Lifelines to Businesses affected by Covid-19

Thankfully the government has listened to the business community and has come up with lifelines which will help businesses look after their teams and make sure they can put food on their table and pay the rent/mortgage, etc and ultimately this will save lives. The Lifelines Coronavirus Job Retention Scheme...

ARE YOU WEIGHED DOWN BY BOTH BUSINESS AND PERSONAL DEBT?

Article by Bev Budsworth MD of The Business Debt Advisor Personal Guarantees or “PG’s” It is almost impossible to avoid personal exposure to debt when setting up your limited company/business.   Banks, other funders, suppliers, leasing companies frequently will require directors or shareholders to provide personal guarantees, “PG”’s as additional...

‘Light-touch Administration’

Article by Laura Walshe of The Business Debt Advisor  Debenhams recently collapsed into administration for the second time in a year.  Its administration in April 2019 resulted in the closure of 22 stores, and now the remaining 142 stores are indefinitely closed amid the coronavirus pandemic. Advisory firm FRP has...

CORONAVIRUS CRUNCH 2020 – HOW CLOSE?

I have just been reminded of a blog I wrote in 2009 entitled “Dig deep the worst is yet to come” because of the trickle down affect of the crunch of 2008/09. I was right. Personal insolvencies peaked in 2010 at 135,089 compared to 106,349 in 2008 and 133,664 in...

What will the 2020 Budget mean for business?

Article by Laura Walshe of The Business Debt Advisor The Chancellor, Rishi Sunak, has today announced sweeping changes in the first budget since the UK left the EU. There is encouraging news for small businesses, particularly in relation to the COVID-19 outbreak, but less welcome news in relation to a...

Compensation Orders – What Directors need to know

Article by Laura Walshe of The Business Debt Advisor  Many business owners and directors will be aware of the company director disqualification regime, which has been in force for more than 30 years.  Each year approximately 1,200 directors are made subject to either a disqualification order, or an undertaking which...

Closing down Contractor companies – solvently or insolvently

 Bev Budsworth MD of The Business Debt Advisor IR 35 Changes The Government has confirmed the IR 35 extension into the private sector and that this will apply to services carried out from 6 April 2020. This only relates to companies which are not small under Companies Act 2006 who...

Research shows that 1 in 5 UK businesses in financial stress

Article by Laura Walshe of The Business Debt Advisor  Recent research by KPMG highlights that as many as one in five UK companies are in a position of financial stress.  Economic uncertainty gave rise to a particularly tough year for the building and construction industry and the real estate and...

UK Government warned against cutting Entrepreneur’s Relief

Article by Laura Walshe of The Business Debt Advisor Under the current legislation it is possible to pay less Capital Gains Tax when selling, or disposing of, all (or part) of your business.  Entrepreneurs’ Relief enables a business owner to pay tax at 10% on qualifying assets and gains, after...

Tax Benefits of Solvent Liquidation (Members Voluntary Liquidation) “MVL”

Has your company built up a sizeable pot of cash and assets over its trading life? If the answer is yes and you intend to cease trading, you could distribute the residual cash and assets to shareholders using the Members Voluntary Liquidation (“MVL”) procedure. The MVL procedure is commonly used...

HMRC “loan charge” tax crackdown criticised by MPs – what to do if you’ve been affected

MPs have criticised a HMRC tax crackdown which attempts to claw back money from people who used tax-planning schemes they thought were legal. As reported by The Independent, the politicians warned that the new measures have caused "widespread anxiety and distrust" and have claimed that the "loan charge" has driven...

Councils sue 750 firms a day struggling with business rate arrears

Around 190,000 shops, pubs and other firms have been sued by councils in the past year for struggling to pay rising business rates, according to new data. That equates to 750 firms every working day who were taken to court for non-payment of their business rates during the 2018/19 financial year. Under...

Business investment declines with threat of ‘No Deal Brexit’ – how it could affect UK business owners

The threat of a 'No Deal Brexit' has sapped business confidence to its lowest level in a decade, with Britain reportedly on course for the biggest decline in business investment since the financial crisis. According to a Deloitte survey of Chief Financial Officers across the UK, CFOs are more pessimistic about...

The Business Survival Checklist

Article by Laura Walshe of The Business Debt Advisor It has been broadly reported that company insolvencies in the UK increased in the first quarter of 2019 with some insolvency processes at their highest level in five years. The team at The Business Debt Advisor has reflected on why businesses fail and...

Dealing with Late Payment of Commercial Debt

Article by Laura Walshe of The Business Debt Advisor Nearly 25% of UK businesses report that late payment of invoices threatens their survival. Last year, The Federation of Small Businesses (FSB) obtained assurances from the Chancellor of the Exchequer that the Government will take steps to crack down on the late...

Why Do Businesses Fail?

Article by Laura Walshe of The Business Debt Advisor The UK is full of ambitious and talented business owners with thousands of new ventures launched each month. Despite this, the overall number of company insolvencies in the first quarter of 2019 increased. The latest statistics on company insolvencies in England and Wales...

British Steel To Enter Insolvency – What Went Wrong?

British Steel is set to enter insolvency, a move which will put more than 5,000 jobs at risk. The manufacturing company is on the verge of collapse after a breakdown in rescue talks between the government and the business' owner, Greybull. As reported by the BBC, the Government's Official Receiver will...

Dealing with Judgment Debt

Article by Laura Walshe of The Business Debt Advisor A County Court Judgment (CCJ) is essentially a County Court Order which enforces the payment of an unpaid debt. A CCJ against a limited company is likely to be the culmination of several attempts by a creditor to recover unpaid debt. If...

Managing Risk – Is your business prepared for Brexit?

Article by Laura Walshe of The Business Debt Advisor The UK’s departure from the European Union will inevitably mean change for businesses across all sectors, including small enterprises. While some businesses are already planning for the challenges and opportunities ahead, it would be useful for all companies to review current processes...

When is Voluntary Liquidation suitable for your business?

Article by Laura Walshe of The Business Debt Advisor There are many great reasons to start a business, but taking on the challenge of running a successful enterprise is not for the faint-hearted. At the end of 2018, the number of companies listed on the Companies House register was 3,879,844 (excluding...

Bolton Wanderers FC – Troubled Club Survives High Court Hearing

Article by Laura Walshe of The Business Debt Advisor Bolton Wanderers FC is no stranger to financial difficulty, having faced several winding up petitions for unpaid taxes within the last 18 months. But the club survived another hearing in the High Court yesterday, after it was granted an additional five weeks...

London Capital & Finance Collapse: Thousands Of Customers Unlikely To Get Compensation

Thousands of first-time investors who lost their savings through London Capital & Finance (LCF) have been told they are unlikely to receive compensation. Nearly 12,000 customers invested more than £236m in total into the high-risk bond scheme before LCF collapsed in January. As reported by the BBC, the scheme was marketing as...

Is Moss Bros ‘Out of Fashion’?

Article by Laura Walshe of The Business Debt Advisor Moss Bros Group PLC was originally founded in 1851 in London. The company has previously been one of the UK’s top menswear outlets, specialising in menswear for formal occasions, and currently ranked in the Top 50 of the IRUK Top 500 (Internet...

Making Tax Digital – Is Your Business Prepared?

Article by Laura Walshe of The Business Debt Advisor Making Tax Digital is part of government plans to make it easier for individuals and businesses to get their tax liabilities correct and keep on top of their affairs. The initiative will implement fundamental changes to the way the current tax system...

What’s the use of limited liability for directors?

By Bev Budsworth of The Business Debt Advisor and Joss Dicks of Personal Guarantee The benefit of trading through a limited company or limited liability partnership has been seriously eroded over the years. It used to be just the banks that asked for personal guarantees, but over the years, requesting...

Dissolution Vs Liquidation Made Simple

Article by Laura Walshe of The Business Debt Advisor At the end of last year, there were over 4 million companies on the Companies House register, which included those in the process of dissolution and liquidation. From October to December 2018 alone, there were 158,841 incorporations and 112,121 dissolutions. Even with...

Business Survival – Tips on Driving Profitability

Article by Laura Walshe of The Business Debt Advisor Small and medium sized enterprises (SME’s) make up the majority of businesses operating within the UK. In 2018, there were 5.7 million private sector businesses operating within the UK, down by 27,000 compared to 2017. This is the first year-on-year fall in...

What are an employee’s rights during insolvency?

Article by Laura Walshe of The Business Debt Advisor Learning that you are at risk of redundancy is stressful in any situation. Being made redundant as a result of your employer entering into an insolvency process can be even more distressing. In many cases where a company pursues an insolvency solution,...

The Protection of Consumer Prepayments During Company Insolvency

Article by Laura Walshe of The Business Debt Advisor 2018 was a turbulent year for retail, as we saw the disappearance of Poundland, Toys R Us, and Maplin. In the same period, numerous other household names were forced into restructuring deals, which led to the closure of hundreds of high-street...

A Directors Guide to Insolvency: How to recognise it

Article by Laura Walshe of The Business Debt Advisor There have been several high-profile insolvencies within the last year. Formal insolvency processes such as Administration and Liquidation appear to be becoming increasingly prevalent, affecting businesses that are familiar to us all. But how do company directors recognise if their business...

Unlawful Dividends – What Directors Need To Know

Article by Laura Walshe of The Business Debt Advisor One of the advantages of operating a limited company is that a Director can draw remuneration in a number of ways. For instance, it is common for Directors to take basic salary and dividends. This is usually a tax efficient method...

2019 and brexit will bring new threats and opportunities for business

Article by Bev Budsworth MD of The Business Debt Advisor As 2019 begins, the year ahead promises to bring new challenges for businesses across the UK but also new opportunities and chances for growth. Brexit and Uncertainty The UK is due to leave the European Union on March 29th this...

Consultation findings on improvements to Insolvency and Corporate Governance

Consultation findings on improvements to Insolvency and Corporate Governance The government opened a consultation on Insolvency and Corporate Governance which ran from 20 March 2018 and closed on 11 June 2018.  Details of the responses received and the outcome of the consultation can be viewed at:- https://www.gov.uk/government/consultations/insolvency-and-corporate-governance The aim of...

HMRC debts and Time to Pay Plans

HMRC debts and Time to Pay Plans A Time to Pay Arrangement (TTP) could allow your business to pay debts to HM Revenue and Customs (HMRC) over a longer period of time than would otherwise be available. A TTP is commonly used to repay arrears of Corporation Tax, PAYE or...

CVA’s – Whats The Deal?

What are they? CVA’s have been widely reported in recent months, with some of the UK’s biggest retailers entering into these arrangements.  But what is a CVA, and what are the benefits? A CVA is a Company Voluntary Arrangement.  The process allows a struggling business to restructure its estate, or...

Why Should You Formally Liquidate Your Company

Article by Bev Budsworth MD of The Business Debt Advisor   So why does it makes sense to liquidate?  Claiming monies from the Redundancy Fund  I was recently instructed to provide advice to a company who had used most of the cash at bank to pay employees wages and were now...

Company Dissolutions and Liquidations Made Simple

Companies on register hits new high The total number of companies registered in the UK surpassed 4 million for the first time ever in March 2018. Private companies account for a massive 92.8% of companies registered. Dissolutions are also on the up with over 100,000 companies dissolving every quarter since...

Perfect Practice Makes Perfect

With perfectly balanced clean style Kava theme becomes a natural choice if You’re looking for the theme to be easily transformed into E-Store, for example. Kava contains 30 demos as for now, and we’re planning to release more! Except astonishing demos, Kava theme has more and more beneficial features for...

Quality Before Intensity

With perfectly balanced clean style Kava theme becomes a natural choice if You’re looking for the theme to be easily transformed into E-Store, for example. Kava contains 30 demos as for now, and we’re planning to release more! Except astonishing demos, Kava theme has more and more beneficial features for...

Handstand Walk Progressions

With perfectly balanced clean style Kava theme becomes a natural choice if You’re looking for the theme to be easily transformed into E-Store, for example. Kava contains 30 demos as for now, and we’re planning to release more! Except astonishing demos, Kava theme has more and more beneficial features for...

VOLUNTARY ARRANGEMENTS INCREASE IN NUMBERS 1ST QUARTER 2018 CVA’s

Figures published today by the Insolvency Service show that the number of company voluntary arrangements “CVA” approved in England and Wales in the 1st quarter of 2018 were (102) and 129% of the number approved in 1st quarter of 2017 (79). The CVA numbers of 102 include some very large...

MY COMPANY HAS RECEIVED A WINDING UP PETITION

WINDING UP A COMPANY IS EXPENSIVE A winding up petition is definitely the “last resort” for a creditor who is owed money by a company.  The reason – it is a costly business. To prove that the debt is owed and issue the petition proceedings, will cost upwards of £2,500...

Brexit dampening UK productivity and insolvency stats

According to Ben Chu Economics editor for The Independent, the Bank's latest forecasts are for output per hour growth to remain subdued over the next three years, growing at well below pre-financial crisis rates. A deputy Governor of the Bank of England has warned that Brexit is hampering the UK’s...

Revenue wins IR35 battle against Former BBC Presenter

Bev Budsworth of The Business Debt Advisor comments, “As a practice that has acted for contractors in the past who have fallen foul of complex tax laws, I keep a keen interest in the latest state of play in the battle ground of IR35. It seems that HMR & C...

SLEEPLESSNESS IS NOT GOOD FOR YOUR BUSINESS

Research has found that workers who sleep less than 6 hours a night are less productive than people who sleep between 7 and 9 hours. According to Matt Walker, professor of Neuroscience and Psychology at University of California, Berkeley, back in the 1940’s people were sleeping over 6 hours a...

Are creditor meetings a thing of the past?

It has been well publicised that The Insolvency Rules (England and Wales) 2016 (“IR’s 2016) had wide-ranging implications for the insolvency sector. One of the most significant changes was the abolition of automatic creditors’ meetings. One of the main reasons for this change was to enable the use of modern...

HMRC TO RAISE £7BN THOUGH ACCELERATED PAYMENT NOTICES

HMRC expects to raise about £7bn though issuing accelerated payment notices to individuals involved in tax avoidance schemes. Notices relating to known tax avoidance schemes will be issued to 43,000 taxpayers as HMRC clamps down on the use of such schemes. The Revenue are expecting to raise around £5.1BN from...

ICAEW URGES HMRC TO SCRAP NEW DEBT RECOVERY PLANS

According to the ICAEW, HMRC should scrap plans for new debt recovery powers because the process is “unconstitutional” and “wrong in principle”. Under the new plans, HMRC will be able to deduct tax owed from a debtor’s bank account proving at least £5,000 is left across all their accounts including...

SUMNERS UP FOR SALE

Manchester-based business recovery business, The Business Debt Advisor, has been appointed to advise the directors and shareholders of Sumner’s Media City Limited (SMCL), a TV post production company based at MediaCityUK in Salford. SMCL is a post production facility trading out of The Pie Factory at MediaCityUK. Founded by husband...

THE DEBT ADVISOR BUSINESS CELEBRATES 15 YEARS

I recall fairly vividly the excitement of pulling together everything necessary to set up a business as an insolvency practice in 1999. Having spent 17 fantastic years at Deloitte latterly as an insolvency manager, I was ready for the next chapter.

BANKRUPTCY TOURISM

BANKRUPTCY TOURISM IS ON THE INCREASE IN THE UK. OUR RELATIVELY SOFT-TOUCH REGIME WHEREBY YOU CAN BE DISCHARGED FROM BANKRUPTCY WITHIN A YEAR IS BECOMING MORE AND MORE APPEALING TO EUROPEANS, MORE NOTABLY THOSE FROM IRELAND AND GERMANY.

BUSINESSES FACE A POTENTIAL BACKLASH OVER HOLIDAY PAY

In a judgment expected at 10:30 am today, employers across the country will find out whether they cumulatively owe potentially billions of pounds to employees over unpaid holiday claims. If the controversial ruling is upheld, it could see many businesses fall into turmoil as they try to cope with pay...

DEBT MANAGEMENT CLOSURES CONTINUE

THREE MORE FIRMS FALL AMID TIGHTER REGULATION This morning news has emerged that three Debt Management companies located in the North West have gone into administration, leaving behind up to 2,500 clients who were actively trying to reduce their debts stuck in limbo. This comes around three weeks after the...

RETENTION OF TITLE

In November 2014 the Insolvency Practitioners Associations released a new guidance paper on how Retention of Title claims are handled within an insolvency situation. Here, Molly Monks of The Business Debt Advisor provides a basic guide to Retention of Title ("ROT") and its uses. What is Retention of Title? A...

A GUIDE ON WHAT TO DO WHEN A CUSTOMER GOES INTO LIQUIDATION

“One of my customers has entered into Liquidation and owes me money – will I get my money back?” Within this blog, Molly Monks, the Corporate Insolvency Manager at The Business Debt Advisor, answers some of the questions raised when business owners find themselves faced with a customer entering into...

BLUE MONKEY GAMING UPDATE ON ROT

BLUE MONKEY GAMING UPDATE ON ROT Further to the November 2014 Insolvency Practitioners Associations guidance paper on Retention of Title Claims and Molly Monks subsequent blog “What is Retention of Title?”, a recent case has examined the scope of what an office holder (Liquidator/Administrator etc) duties are (or not as...

DOES ‘BRITISH SUMMER TIME’ AFFECT BUSINESSES?

The clocks are due to "spring forward" on the 29 March 2015 and business owners will find that not only have they lost an hour they may spend a further hour amending their till and alarm systems! But what positive effects can business owners look forward to with this extra...

WILL CVA SAVE 151 YEAR OLD ENGINEERING BUSINESS?

The team at The Business Debt Advisor were consulted in late March 2015 to review the financial position of a company based in Derbyshire employing 30+ staff which undertakes large engineering projects for a range of industries. Funders to the business had recommended the business seek insolvency advice as the...

NEW GOVERNMENT FACES POTENTIAL ‘DEBT HANGOVER’

Figures published today by the Insolvency Service show that personal insolvencies in England and Wales decreased again in the first quarter of this year to 20,826 a reduction of 18.6% on the same period 12 months ago. This figure comprises 4,209 bankruptcies, 6,213 debt relief orders (DROs), and 10,405 Individual...

BARRISTERS – ‘DON’T BURY YOUR HEADS IN THE SAND!

Bev Budsworth, managing director of The Debt Advisor, is today warning barristers not to ‘bury their heads in the sand’ and to make sure they are fully prepared for the impending July tax bill deadline at the end of the month. Bev commented: “The next fortnight is really the crunch...

BUSINESSES LOSING OVERDRAFTS AT ALARMING RATE

Funding Options, an online business finance supermarket have surveyed data held at Companies House on 160,000 businesses and found that UK SME’s unable to access traditional term loans and overdrafts, were now using £76Bn of alternative finance. It found that alternative lending to SMEs is now equivalent to 46pc of...

PRE PACK POOL GOOD FOR DIRECTORS AND THEIR BUSINESS ADVISORS

In June 2014, Teresa Graham published her report into pre-packaged administrations and the way in which they were conducted. The report, commonly referred to as ‘The Graham Review’ acknowledged that the method of pre-packing a distressed business for sale does have a place within the UK insolvency regime. However, the...

MEMBERS VOLUNTARY LIQUIDATION – WHAT’S YOUR EXIT STRATEGY?

It is commonly believed that Insolvency Practitioners can only assist when a Company is insolvent, or there is another cause for concern. However, Insolvency Practitioners can be called upon for advice and assistance with the voluntary closure of solvent businesses, and the creation of a suitable exit strategy When might...

PAYDAY LENDER THE CASH STORE GOES BUST

Nearly 120 jobs have been lost after payday lender The Cash Store went bust. The company which is based in Stockport has now entered into an administration with FTI Consulting appointed as administrators. Administrators have confirmed that 13 jobs have been lost at the Stockport headquarters. The Cash Store Ltd...

A BAD END TO THE YEAR FOR CITY LINK

2,356 of the staff employed by City Link have been made redundant. The news comes amid a failed takeover bid from an unnamed consortium. Ernst & Young had warned immediately following their appointment that thousands of staff would be made redundant if a suitable buyer for the business could not be...

BANK FASHION BECOMES THE FIRST CASUALTY OF 2015

High street fashion retailer ‘Bank’ has fallen into administration, putting 1,500 jobs at risk. All stores remain open as normal and no redundancies have been made, but hard times have hit the retailer that was sold by JD Sports to investment firm Hilco Capital November. The failure comes just days...

TESCO TO CLOSE 43 STORES

Tesco have announced they are to close 43 unprofitable stores amid faltering profits and caution from investors. The stores being closed primarily fall into the ‘Express’ labelled smaller stores of the brand. Plans have also been announced to delay or cancel the openings of 49 ‘large’ Tesco Extra stores. The...