Account Preservation plans in aspic for now

Government opt-out safeguards UK rescue culture

The Government has announced that it will opt out of European Commission plans to introduce a cross-border debt recovery tool that would have damaged the UK's business rescue culture. The European Account Preservation Order (EAPO) would have given courts anywhere in the EU the power to freeze funds in UK business' bank accounts without warning. R3, the leading insolvency trade association, had criticised plans to introduce the EAPO on the basis that it would give individual creditors the power to jeopardise the chances of business turnaround by starving companies of cash when they need it most. The UK is widely considered to be at the forefront of business turnaround and rescue and it was feared that the loose drafting of the EAPO would stifle attempts to rescue companies, leading to lower returns to creditors and damaging the wider economy.

The Government opt out is not a surprise as the Commons Select Committee on European Scrutiny had flagged up concerns regarding the EAPO during the summer. The Committee noted that, "Although the Government supports the principle of an European Account Preservation Order, we understand from recent communication with departmental officials that the Government thinks the text, as currently drafted, goes too far in favouring the rights of creditors at the expense of debtors." In particular, it was felt that there was insufficient requirement to demonstrate that there was a risk of assets being disposed of or concealed, meaning that applications could be made regardless of whether the situation merited the use of the EAPO.

This looks like a sensible approach: it is important to ensure that assets are handled properly at all stages of business recovery. But safeguarding assets must be balanced by the need to ensure that a company has the best chance of being rescued as a going concern, in order to save jobs, minimise the effect on supply chains and trading partners, and maximise the return to creditors.

What a wind up

Increase in number of firms being wound up by creditors

Insolvency statistics published today by the government’s Insolvency Service reveal that there has been a sharp increase in the number of firms being wound up by creditors in the past three months. The number of compulsory liquidations, where a creditor asks the courts to close down a business due to non-payment of debts, increased by nearly 20% compared to the previous quarter.

This looks like a worrying trend, showing that many firms are struggling to pay their way in the continuing economic gloom. Creditors are becoming impatient – many will be suffering with their own financial problems - and they are increasingly prepared to follow through on threats to wind up businesses that cannot afford to pay their bills.

Whilst it may be tempting to keep making promises of payment to creditors, when those promises are broken, the consequences can be catastrophic. The good news is that there are ways of dealing with mounting debts that will allow the company to continue and the sooner that a business owner takes advice, the more palatable the options that are available.

In particular, a Company Voluntary Arrangement (CVA) can be put in place with the help of a licensed insolvency practitioner to protect the company from legal action whilst a turnaround plan is followed, allowing a company to recover from its cash-flow problems. In recent months, Moorhead Savage has set up three CVAs for businesses in the Sheffield City Region, safeguarding dozens of jobs in the process.

If you would like to chat about how we can help your business, call me today on 01709 331300.

No longer safe as houses?

More pain ahead for the property market

Latest figures released by the Bank of England have shown that mortgage approvals in April dropped to their lowest level since records began in 1993. The reduction in lending is likely to cause more problems in the housing market, with Morgan Stanley predicting that house prices will fall 10% by the end of 2012.

Not only is this bad news for homeowners, but it may also start to cause further problems in the beleagured banking sector. Many banks are still massively exposed to moves in house prices, due to mortgage deals arranged during the last decade. In particular, The Telegraph reported that Lloyds TSB may be hard hit, with up to one quarter of its mortgage customers in negative equity by 2012. Analysts suggested that this could mean that mortgages totalling up to £90 billion were potentially affected, at this one bank alone.

However, as always, statistics can tell a thousand different stories and the Council of Mortgage Lenders issued a prediction that 'net' mortgage lending (stripping out redemptions and repayments) would actually rise during 2011 to £9 billion, up from £8 billion last year. This may sound like a lot of money, certainly enough to keep the current Mrs Moorhead in the manner to which she would like to become accustomed. But in 2006, the last year that mortgage lending rose, the total lending was £110 billion. That's right, £110 billion. So we are currently running at about 8.2% of 2006 mortgage lending levels. No wonder the housing market is in the doldrums, but also no wonder that so many homeowners, and banks, found themselves in seriously deep water.

As ever, when money matters go wrong, we can help. My number is 01709 331300.

Interesting times ahead?

Rising inflation raises concerns over interest rates

The UK Consumer Price Index annual rate of inflation rose to 4.5% in April 2011, its highest level since October 2008, according to figures released today. This has led to speculation that the Bank of England may raise interest rates in the coming months, causing more problems for struggling businesses.

A survey carried out by R3 found that many business owners are predicting that any rise in interest rates will have a serious impact on their business, with 7% of small business owners believing that they are likely to become insolvent if interest rates rise to between 2% and 3.5%. If rates climb to between 4% and 5%, the number of businesses at risk increases to 18%. The base rate was 5% in 2007.

The Office for National Statistics reported that inflation rose to 4.4% in February 2011, followed by a slight fall to 4% in March before increasing to 4.5% in April, way above the Bank of England’s target of 2%, which is likely to put pressure on the Monetary Policy Committee to increase rates.

Many commentators have suggested that historically low interest rates have helped to keep the number of business failures artificially low in recent months as debt interest payments are tied to the base rate for many businesses. However any increase in the cost of borrowing is likely to have an adverse effect on cash flow and may be the last straw for many ailing businesses.

Consumers will also feel the impact of any rise in interest rates as the cost of mortgages increases. An increase of two percentage points, whilst still low in historic terms, would add £166 per month to the cost of a £100,000 mortgage.

Rising prices put additional pressure on businesses and individuals, and increasing costs are likely to damage any fragile signs of recovery, adding to the finacial problems of many.

Moorhead Savage has the expertise and experience to help sort out financial problems - even when things seem bleak. For a free, no obligation consultation and an unbiased summary of which solutions are right for you, call Paul Moorhead today on 01709 331300. It's always good to talk.

Missed the tax deadline? It isn't the end of the world but act quickly

£90m penalties windfall for HMRC for late tax payments and tax returns

If you have missed the 31 January deadline for filing your Self Assessment Tax return, you are in good company. You are one of 9 million people who has yet to file their tax return for 2010-11. HM Revenue and Customs are looking forward to collecting around £90m in penalty fees from people who have filed their self assessment tax returns and/or paid the tax due after the 31 January deadline.

But don't be disheartened  - act quickly and you can avoid the situation getting any worse. The penalties charged by HMRC for late filed returns and late payments of tax rise as the delay increases, so if it's simply a question of an oversight, get it in ASAP and you'll save yourself some hard-earned cash.

And the good news is that if you have a 'reasonable excuse' for missing the deadline then you won't have to pay any penalty. But the bad news is that HMRC is unlikely to consider excuses relating to forgetfulness, the consumption of documents by pets, or delays due to overseas excursions, to be 'reasonable.' The rather short list of examples on their website includes documents lost through theft, fire or flood that can't be replaced in time, life-threatening illness, for example a heart attack that prevents you dealing with your tax affairs and the death of a partner shortly before the deadline.

If, however, the reason for the delay is that you know that you cannot afford to pay the tax due on last year's trading, then there is good news. By filing the tax return, even if the tax is unaffordable, you are then in a position to negotiate with HMRC for a 'time to pay' agreement. As long as your returns are filed up to date and you have a reasonable record of compliance with the tax authorities, you can put forward a repayment proposal. HMRC are generally willing to discuss sensible repayment plans, particularly if you approach them at the earliest opportunity.

If tax debts are part of a wider debt problem, it may be that a Voluntary Arrangement is the answer. These come in two flavours - Individual Voluntary Arrangments (IVAs) and Company Voluntary Arrangements (CVAs) depending on whether you trade through a limited company or are a sole trader. VAs of either variety can be a good way to solve cashflow problems and HMRC have a specialist department which deals with IVAs and CVAs, so they know what to look for in a well thought through proposal.

We have lots of experience in dealing with debt problems involving HMRC, so for expert, impartial and confidential advice, call us today on 01709 331300.

Plans to widen debt relief scheme

DRO eligibility to be amended

The Government today announced plans to make more people eligible for a debt relief scheme that allows individuals to write off unaffordable debt. The Debt Relief Order (DRO) was introduced in April 2009 and has been dubbed 'bankruptcy lite' - debts are written off in the same way as in bankruptcy, but the DRO is designed for people with very low value assets and little spare income after living expenses, where the full rigour of bankruptcy is unnecessarily cumbersome. Effectively, it is a way for over-indebted consumers to remove the burden of crippling debt that can never realistically be repaid. The idea is to draw a distinction between cases where debt is disputed or where the debtor may be able to repay but chooses not to, and cases where the debt is not in any doubt and nor is the fact that the debtor will never be able to repay it.

The main criteria for a DRO is debts of less than £15,000, surplus income after reasonable living expenses of less than £50 per month and total assets worth less than £300 (not including a car which may be worth up to £1,000). This makes a DRO available to a slender but statistically significant group of over-indebted individuals.

The plans unveiled today are to exempt pension plans from the asset cap. Previously, having a pension would mean that a debtor would fail the low asset requirement (assuming that the pension fund is worth more than £300.) As almost all pension policies are 'locked away' for use in retirement and aren't available for paying debts, it seems fair to exempt pensions from the equation. In addition, the Government is firmly entrenched in a policy of encouraging everyone to save for their retirement. It therefore makes sense to amend the criteria in a way which will have little effect on the likelihood of creditors recovering their debts.

Good news for homeowners - but will it last?

Repossessions fall - but is this the calm before the storm?

The Council of Mortgage Lenders (CML) today announced a decline in the number of housed repossessed by mortgage lenders in the second quarter of 2010. In the three months to the end of June, there were 9.400 repossessions, down from 9,800 in the previous quarter and considerably below the same quarter last year, when 11,800 properties were taken back by first charge mortgage lenders.

As a result, the CML have revised down their forecasts for repossessions in 2010 as a whole from 53,000 to 39,000, a reduction of around 25%.

The number of mortgages in arrears has also reduced, with 178,200 mortgages in arrears equivalent to 2.5% or more of the mortgage balance. This is 5% lower than at the end of March and a whopping 17% lower than the same period last year.

These figures have surprised many in the industry, with mortgage difficulties being contained below the levels that the CML expected at the start of the year, and in comparison to the recession at the start of the 1990s.

I don’t want to be accused of talking down this good news. But I’m afraid that this is just a lull, an aberration, before things get worse. There are some important factors that make this downturn different to the 1990s recession. Firstly, the headline interest rate is at an historic low: at some stage, rates will start to increase and many homeowners who are currently struggling to keep their heads above water will sink beneath the waves. Secondly, the Government is struggling to cope with crippling levels of debt and has indicated that wide-ranging cuts in public spending will be used to help balance the books. Nobody knows for certain what the effects of those cuts will be, but rising unemployment and increased job insecurity will surely become a reality for many more homeowners in the months and years to come.

If you have financial problems and are worried about how this will affect your home, call me today on 01709 331300 for a free, no-obligation and confidential chat.

Getting away from it all can lead to problems back home

Millions get into debt for a holiday

The insolvency trade body R3 released figures today showing that over 2 million holidaymakers have got into debt to pay for holidays this year and will spend an average of seven months paying it back.

The research, carried out in the middle of July by pollsters GfK NOP reveals that 2,329,500 people had to borrow on average £1,130 to pay for a summer getaway.

Now I like a holiday as much as the next insolvency practitioner and to many, a spend of just over £1,000 on a big holiday may not be too shocking. In fact, I wonder if the ‘real’ figure for holiday spending is much more, but the individuals surveyed didn’t have an accurate idea of exactly how much they would spend: the flights and hotel may be around £1,000 but how much more unplanned spending goes on food and booze, sightseeing trips and souvenirs?

In my experience, the problem often tends to be that the holiday spending comes on top of other unsecured debts that have mounted up through the year. This kind of spending can be the final straw for many people, who return home to credit card bills and loan repayments that they simply can’t afford.

The good news is, no matter how debts have been incurred, there is help available. If you’ve returned from your summer holidays and found that you’ve got more than a few photos and a bottle of the local firewater to remind you of your trip, give me or one of my colleagues a call on 01709 331300. We can help.

Place your bets... airline insolvency speculation gone too far?

Bookmakers offer odds on the next airline to go bust

The effects of the global economic downturn were felt clearly in 2009, not least by the large number of well-known businesses that became insolvent. Over the past 12 months, these have included Borders, Blacks Leisure, JJB Sports and Cobra Beer. More recently, Flyglobespan, Scotland's biggest airline, collapsed when it's parent company went into administration, leaving thousands of passengers stranded. Airlines are particularly vulnerable in a recession, as they tend to rely heavily on discretionary spending and healthy levels of international trade, and a number of aviation businesses have crashed and burned recently. But even in this macro-economic context, it appears to be pretty poor taste to encourage speculation over which airline will be the next to collapse into insolvency, particularly given the chaos and upset for travellers.

Yet it would appear that Irish bookmaker Paddy Power is only too happy to offer odds on the next aviation insolvency. Monarch Airline is the bookie's favourite with odds of 4/1 that it will be the next to go bust and ground it's fleet. Fancy a flutter? You can get odds of 14/1 that British Airways will be the next victim of the credit crunch, or 18/1 that Bmibaby will be the latest to succumb. Virgin Atlantic and easyJet are relative outsiders at 80/1 but it seems that the bookies are putting their faith in God and and Uncle Sam: Vatican Airways and Barack Obama's Air Force One presidential jet fleet are 500/1 and 1000/1 respectively. God bless America!

If your business is having financial problems, I can help. Give me a call on 01709 331300.

How to avoid insolvency in the first place #2

It's all about profit

I get asked to help businesses because they’ve hit (or are heading for) a financial brick wall. Something usually triggers the invitation that I’ve received: it could be that the bank manager is concerned about the way the bank account has been run recently; it could be a threatening letter from a major creditor or even a winding up petition. Whatever it is, it’s always to do with money, or the lack of it. So my first job is to find out what makes the business tick from a financial point of view.

All too often, I am met with blank expressions when I ask for costings, cashflow forecasts and profit-and-loss forecasts. This type of financial information can be collectively referred to as “management accounts” and unless business owners have good management information at their fingertips, they can’t make proper decisions about how to run their business. Business owners often know exactly what their turnover will be for the month or year and they easily reel off figures for how much a particular job or contract is worth in terms of the selling price. But the key issue isn't price - it's profitability. There’s no point being a “busy fool” as one of my former colleagues used to say. That’s why it’s essential to know which areas are profitable and which need to be overhauled, re-designed or scrapped. Almost invariably, it’s far better to make a 10% net profit on a turnover of £100,000 than merely break even or make a loss on a turnover of £200,000. It’s no surprise that businesses who don't have a proper handle on their costs end up with serious or even terminal debt problems.

The problem tends to stem from the fact that businesses are set up by people who are extremely good at their job, whatever that job may be, and who are driven by a desire for the potential benefits of self employment. So a good panel beater, or chef, or IT expert, decides to go into business to offer their expert services to the world. Great. However, that panel beater, or chef, or IT expert may have very little knowledge and experience of actually running a business, which usually requires a completely different set of skills. And even if they have those skills, the need to do the business, beat panels, cook great food or do great digital stuff often gets in the way of running the business.

Most firms aren’t big enough to need a full time accountant or bookkeeper, but the good news is that there are a number of people around who can spend as much, or as little, time as necessary in making sure that the wheels don’t fall off your business. They make sure that you have the information you need to decide how best to run your business and the (usually quite low) cost is usually recovered many times over in terms of better decision-making and enhanced profitability.

Try searching for accountants and bookkeepers in your area. Or feel free to contact me and I will recommend some who I've worked with in the past.

www.moorheadsavage.co.uk

How to avoid insolvency in the first place: #1

A well-organised business is a successful business

In my years as an Insolvency Practitioner, I’ve found that two things always seem to go hand in hand. These two things are disorganised businesses and insolvency.

We all know that there is a long list of things that we’d all like to get round to doing, but we just haven’t got the time. Some things fit into the category of “nice to do but not essential.” So it would be nice to buy a new plant for the office, or replace the broken clock that is always 15 minutes slow. But these things don’t really damage a business. There’s no need to lose any sleep over them.

But some things are critical and if they get forgotten, the wheels will start to fall off and everything will end in tears. Whether it’s taxing the company van, making sure that invoices are paid on time and decent bookkeeping to make sure that everything is properly accounted for, some things just have to be done. The problem is that it’s easy to concentrate on doing the business, rather than running it.

Happily for smaller businesses, help is at hand. There’s no need to take on extra members of staff as there are a number of excellent virtual assistants, part-time bookkeepers and office support professionals, who can make your life a lot easier. They can spend as much or as little time as necessary, either working in your office or theirs, making sure that all the little (but crucial) things get done. So whether it’s answering the phone in a professional manner, organising mailshots to potential customers or day-to-day bookkeeping, there are plenty of people to turn to.

Try a web search for virtual assistants in your area - or, if you prefer, I can recommend some for you to consider.

http://www.moorheadsavage.co.uk/