Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments

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1 Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Understanding Undefended Debt Claims 1.1 Definition of debt 1.2 Introduction 1.3 Taking instructions 1.4 Tracing debtors 1.5 Bulk debt collection Debt collection practices and harassment 1.6 Claiming interest in debt claims Contractual interest Discretionary interest Interest on late payment of commercial debts Claiming interest in the particulars of claim 1.7 Letter of claim Consumer debt Commercial debt 1.8 Parties to a claim 1.9 Statements of case Particulars of claim in contract Particulars of claim in a simple debt action 1.10 Issue of proceedings (Civil Procedure Rules Part 7) Points to bear in mind Northampton Bulk Centre 1.11 Failure to serve claim form within time limit 1.12 Limitation Limitation and enforcement 1.13 Which court? 1.14 Processing by the court 1.15 Methods of service of the claim form 1.16 Service out of the jurisdiction 1.17 Response of defendant The defendant wishes to defend the claim The defendant wishes to challenge the court s jurisdiction The defendant admits the claim The defendant does not respond Setting aside a default judgment 1.18 Northampton Bulk Centre 1.19 Summary Chapter 2: Enforcement of Money Judgments 2.1 Introduction 2.2 The preliminaries Is judgment debt due and enforceable? Time for payment Has the judgment been served? Has the judgment debtor appealed and sought a stay of execution? i

2 2.2.5 Has the judgment debtor applied to set aside the judgment and sought a stay of execution? How old is the judgment? Deciding on the method of enforcement 2.3 The judgment debtor s assets 2.4 Obtaining information about the debtor s assets Order to obtain information Part Public registers 2.5 Methods for enforcing a money judgment Execution against goods Warrant of execution in the County Court Interpleader proceedings Third party debt orders Civil Procedure Rules Part Charging orders on land Civil Procedure Rules Part Attachment of earnings County Court only Procedure Applying for an attachment of earnings order What does the court do when it receives an application for an attachment of earnings order? Court officer considers statement of means Attachment of earnings order sent to the parties and judgment debtor s employer Writ of sequestration Order of committal (Civil Procedure Rules Part 81) 2.6 Tribunals Courts and Enforcement Act Summary Chapter 3: Debt and the Individual: an Overview 3.1 Introduction 3.2 Debt relief orders 3.3 Individual insolvency Individual voluntary arrangements (IVAs) Bankruptcy 3.4 Other debt management procedures Debt management County Court administration orders Enforcement restriction orders Debt repayment plans 3.5 Summary Chapter 4: Debt Relief Orders 4.1 Introduction 4.2 The effect of a debt relief order 4.3 Who is eligible to apply 4.4 Qualifying debts 4.5 Application for a debt relief order 4.6 The approved intermediary authorised debt advisers 4.7 Competent authorities 4.8 Consequences of making a debt relief order ii

3 4.9 Debt relief restrictions undertakings/debt relief restrictions order 4.10 Duration of the debt relief order 4.11 The Individual Insolvency Register 4.12 The role of the court in a debt relief order 4.13 Challenging a debt relief order 4.14 Applications for an enquiry 4.15 Summary Chapter 5: Individual Voluntary Arrangements 5.1 Introduction 5.2 Purpose of an individual voluntary arrangement 5.3 Who can propose an IVA? 5.4 Does a debtor who proposes an IVA get any protection from his creditors? 5.5 Proposing and approving an IVA Composition or scheme of arrangement Duration of an individual voluntary arrangement The Straightforward Consumer IVA Protocol Exiting bankruptcy via a fast track IVA The effect of an IVA 5.6 The mechanics of an individual voluntary arrangement The debtor s proposal Applying for an interim order Evidence in support Service The court s role Alternative procedure: interim order not requested 5.7 The meeting of creditors 5.8 Challenging an IVA 5.9 Role of the supervisor 5.10 IVAs and secured creditors Does an IVA release a creditor s security? 5.11 What if the debtor breaches the terms of his IVA? 5.12 Advantages and disadvantages 5.13 Summary Chapter 6: Bankruptcy 6.1 What is bankruptcy? 6.2 Commencing bankruptcy proceedings The statutory demand Service After service Challenging a statutory demand 6.3 Who can petition to make a debtor bankrupt? Creditor s petition: process What to put in the petition Issuing the petition at court Registration as pending action Effect of the petition Service of the petition at court Notice of opposition iii

4 Notices by creditors (supporting or opposing) List of appearances (r6.24 Insolvency Rules 1986) The hearing (r6.25 Insolvency Rules 1986) Debtor s bankruptcy petition: process 6.4 The bankruptcy order 6.5 The trustee in bankruptcy 6.6 The powers and duties of a trustee in bankruptcy 6.7 The effect of bankruptcy on a debtor Existing bank accounts The bankrupt s home Effect on the debtor s business Professional impact Effect on employment and income The bankrupt s pension After-acquired property Choses in action Additional obligations and liabilities Obligation to co-operate with the TIB Public and private examination 6.8 Bankruptcy offences 6.9 Bankruptcy restriction orders and undertakings 6.10 The effect of bankruptcy on creditors (other than landlords) Unsecured creditors Secured creditors The effect of bankruptcy on the debtor s landlord 6.11 When does a bankruptcy end? Discharge from bankruptcy Suspending discharge from bankruptcy Annulment of a bankruptcy order 6.12 Summary Answers to Self-assessment Questions Appendix Index iv

5 2014 Copyright CILEx Law School Limited All materials included in this CLS publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of CILEx Law School Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. CILEx Law School Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2014 by: CILEx Law School Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB British Library Cataloguing in Publication Data A catalogue record for this manual is available from the British Library. ISBN

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