LayerSlider – Conveyancing 26Jan18 – Base

Coronavirus Blog Series:
Debt Recovery – Another Lockdown?

Published 23 September 2020

Following his televised address to the nation yesterday evening, the Prime Minister has urged people to summon their resolve and follow the latest Coronavirus restrictions or face the possibility of a second national lockdown. Secretary of State, Matt Hancock, has also refused to rule out a two-week national lockdown, with the UK’s top scientists reportedly proposing a lockdown to coincide with the October half-term in a bid to create minimal disruption to schools.

However, the potential disruptive effects on businesses and their cashflow is obvious.

With such uncertainty ahead, maximising debt collection measures will be many businesses’ priority, not only to secure their interest, but also as a source of cash flow. Disputes or delays by debtors are all the more common and the ability to evaluate the situation to assess the true extent and validity of these is crucial.

Notwithstanding the pandemic, however, one aspect of debt recovery remains constant. If you have issued an invoice and it remains unpaid you must act quickly by gaining the debtor’s attention and ensuring that your debt moves to the front of the queue for payment. There are a variety of means of doing that, depending on the nature of the case, which creditors or their legal advisors must evaluate on an individual basis.

Given the potential for another lockdown, and the natural effects that this may have on the ability of the Court Service and Enforcement Service to perform their functions there is an opportunity now to get legal action underway, into the system and progressed as far as is possible.

Commencing legal proceedings also can give you the opportunity to obtain forms of security, which may significantly increase your chances of recovery if debtors are placed into insolvency in the future either through bankruptcy or liquidation.

If you wish to know more about how we can help, please contact David McAlinden or Billy Muir at MKB Law on 028 9024 2450 or info@mkblaw.co.uk

This article is for general guidance only and should not be regarded as a substitute for professional legal advice.

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