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Can Your Bank Take Your Money Without Permission?

Can Your Bank Take Your Money Without Permission?

Debt Recovery, General Interest

“A bank is a place that will lend you money if you can prove that you don’t need it” (Bob Hope) A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another,...
Proving Your Claim in a Liquidation or Sequestration – When You Should, and When You Shouldn’t

Proving Your Claim in a Liquidation or Sequestration – When You Should, and When You Shouldn’t

Debt Recovery, Insolvency / Liquidation

“A small debt produces a debtor; a large one, an enemy” (Publilius Syrus, Roman writer) You are owed money by a debtor, whose “insolvent estate” is “sequestrated” (in the case of an individual or trust) or “liquidated” (in the case of a company or other...
Lending to a Friend or Selling Property on Credit – Must You Register as a Credit Provider?

Lending to a Friend or Selling Property on Credit – Must You Register as a Credit Provider?

Business, Debt Recovery, Property

“Neither a borrower nor a lender be For loan oft loses both itself and friend” (Shakespeare)   It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by...
When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates

When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates

Debt Recovery, Family Law, Insolvency / Liquidation

“To my mind the best proof of solvency is that a man should pay his debts” (quoted in the judgment below) If you are owed maintenance you have a variety of enforcement options open to you and should ask your lawyer for advice on which is the best for your particular...

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