Enforcement and Debt Recovery
The Law Society (Verlag)
978-1-85328-653-7 (ISBN)
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The Tribunals, Courts and Enforcement Act 2007 was given Royal Assent on 19 July 2007. Parts 3-5 of the Act reform bailiff law, which has been anticipated following a sharp increase in the number of personal and commercial insolvencies and record levels of consumer debt. The reforms include: a single framework for all types of enforcement agent; the abolition of the law of distress for rent- the introduction of commercial rent arrears recovery (CRAR); a unified system for taking control of goods; the right to use force to gain entry; changes to Attachment of Earnings Orders and Charging Order applications; reform of information requests about debtors; and, rights of debtors to apply for a debt management scheme.This book provides a practical and authoritative commentary on the reforms introduced by Parts 3-5 of the Act and places these changes in context by presenting a comprehensive review of the law of enforcement. The commentary is supplemented by examples of how the reforms differ from the pre-Act position and the stated aims of previous consultations, and speculates how parts of the Act are likely to be implemented by further regulations.
The text includes tables with data showing the efficacy and popularity of methods of enforcement, and opinions from enforcement agents, insolvency practitioners and commercial property lawyers. Parts 3-5 of the Act and the relevant Schedules are reproduced for convenience in the Appendix.
Peter Levaggi is joint Head of the Property Litigation Group at Charles Russell LLP. David Marsden heads the Mortgage Disputes team at Charles Russell LLP. Peter Mooney is the senior partner of County Bailiff Company.
Part 1 - General types of enforcement: 1. Introduction; 2. General rules about judgments and orders; 3. Registration of judgments; 4. Transfer of proceedings; 5. Obtaining information about the debtor; Part 2 - Taking control of goods: 6. Enforcement agents and warrants of control; 7. Commercial rent arrears recovery; 8. Insolvency of tenant/debtor; 9. Enforcement by taking control of goods; 10. Procedure for taking control; 11. Between seizure and sale; 12. Liability and remedies; Part 3 - Enforcement against third parties: 13. Attachment of earnings orders; 14. Third party debt orders; Part 4 - Enforcement over property; 15. Charging orders; 16. Obtaining possession of commercial premises; 17. Obtaining possession of residential premises; 18. Obtaining possession from trespassers/squatters; Part 5 - Debt management and relief: 19. Introduction to debt management and relief; 20. Administration orders; 21. Enforcement restriction orders; 22. Debt relief orders; 23. Debt management schemes; Appendix.
| Erscheint lt. Verlag | 28.1.2008 |
|---|---|
| Zusatzinfo | Illustrations |
| Verlagsort | London |
| Sprache | englisch |
| Themenwelt | Wirtschaft |
| ISBN-10 | 1-85328-653-2 / 1853286532 |
| ISBN-13 | 978-1-85328-653-7 / 9781853286537 |
| Zustand | Neuware |
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