With stricter lending conditions and banks reluctant to let us borrow money, many people are in desperate need of some debt advice that can alleviate their debt management issues.
Professional solutions
Professional debt solutions such as Individual Voluntary Arrangements
(IVAs), Debt Management Plans (DMPs) and Trust Deeds do not involve
borrowing more money and do not require you to pass a credit check.
This means that you no longer have to go further into the red each
month and can get out of debt
for good. All of these allow people who are struggling to maintain the
payments on their unsecured balances (personal loans, catalogues, store
cards and credit card debts etc) to regain control of their finances
whilst still repaying all, or a proportion, of the amount that they
owe.
Informal professional solutions (like a Debt Management Plan DMP)
work by gathering all unsecured balances into one single monthly
payment which is paid to the debt help provider thereby simplifying finances, as only one payment needs to be made each month.
The provider then distributes this payment between creditors on a pro
rata basis, so the more that a creditor is owed the more of the monthly
payment they will receive. Reputable providers will also negotiate to try and have
interest and charges reduced or frozen, which reduces the total amount
owed.
A DMP is classed as an informal
arrangement as there are no contracts involved so you have the ability
to use this solution as-and-when-required. There is also flexibility
with payments on a DMP, as the amount you pay is dependent on your
affordability you only pay how much you can realistically afford once
priority payments like your mortgage/rent, council tax, food, travel
etc have been accounted for.
More formal debt solutions, such as an IVA
or Trust Deed, also enable multiple unsecured balances to be repaid but
involve a contract. The agreement protects you from creditors changing
their payment demands or from the terms of the agreement being changed.
The insolvency practitioner can provide support and IVA advice
or guidance throughout the term of your IVA or Trust Deed. IVAs and
Trust Deeds are repaid over fixed periods of time. With an IVA this is
generally within a five year period, whereas with a Trust Deed it is
typically over three years.
One of the most appealing benefits of a more formal solution is that
they allow a proportion of the debt to be written off after the term
has been satisfied this means that any remaining unsecured debt is
written off and you can walk away debt free.
Professional debt solutions like those listed above can be used by
overstretched individuals to prevent bankruptcy and are generally
offered following some impartial advice from a reputable debt help
organisation.

Source: Daily Express (Your Money)

There are 3 types of liquidation

(i) Members Voluntary Liquidation

A Members Voluntary Liquidation MVL is a voluntary procedure to wind up the affairs of a solvent company.

Solvent, what does this mean?A company is capable of paying its liabilities in full plus statutory interest plus the costs involved in winding up, within 12 months.

When is the MVL procedure appropriate?When a solvent company has come to the end of its useful life and needs to be wound up. For example:-

• Shareholders want to retire and have a property within the company which they want to transfer into their personal names. i.e. a distribution in specie.
• Rationalisation of a group of companies involving transfer of assets, write off of inter-company loans and winding-up of subsidiaries.

(ii) Creditors Voluntary liquidation

Creditors Voluntary Liquidation CVL is the process where the directors of an insolvent company can voluntarily take steps to wind up the company. The directors call meetings of the companys shareholders and creditors to consider resolutions to wind up the company and to appoint a liquidator.

WHEN IS A CVL USEFUL?

When a company is insolvent and no longer has a viable business worth saving. For example:

A company which has insufficient sales to cover its overheads and cannot continue to trade.

Insolvent, what does this mean?

S123 IA86 sets out the definition of insolvency which includes:- Creditor(s) are owed more than 750 and have either served a 21 day demand which has not been met or judgment has been given or it is proved to the satisfaction of the Court that the company cannot pay its debts as they fall due, or the companys liabilities exceed its assets including contingent liabilities.

(iii) Compulsory liquidation

Compulsory Liquidation, usually referred to as Winding-Up, is the process to wind up an insolvent company through the courts.

Insolvent, what does this mean?

S123 IA 1986 sets out the definition of Insolvency:- Creditor(s) are owed more than 750 and have either served a 21 day demand which has not been met or judgment has been given or it is proved to the satisfaction of the Court that the company cannot pay its debts as they fall due or the companys liabilities exceed its assets including contingent liabilities.

WHEN CAN A COMPULSORY LIQUIDATION OCCUR?

Compulsory Liquidation Winding-up is a court procedure usually initiated by a creditor of the company when all other debt collection procedures have failed. When a company is insolvent and fails to pay its debts, creditors can take steps to wind up the company by issuing a petition to Court. The procedure can also be used by the directors and shareholders of an insolvent company. There are other parties who can petition including the Secretary of State, the Official Receiver and a Supervisor of a Company Voluntary Arrangement.

If you feel that liquidation is the most appropriate debt solution for your Company, pick up the phone and call me now on 0800 533 5370