New Rules On Debt Recovery May Delay Payment Of Consumer Debts

New rules on the procedure businesses must follow when trying to collect debts from individual customers could mean that you have to wait 90 days or more before you can issue court proceedings.  To limit the damage this may cause to your cash flow it is important to review your credit control procedures now before the new rules come into force on 1 October 2017. Are all business debts affected? Only debts owed to you by individuals are covered by the new rules; however, sole traders are included within the definition of an individual so they are also relevant for some business debts. What do the rules require? The rules - set out in the pre-action protocol for debt claims issued under the Civil Procedure Rules 1998 - require you to engage with individual debtors…

Top 10 Reasons To Use A Lawyer To Make Your Lasting Power Of Attorney

A lasting power of attorney lets you decide who you would like to make decisions for you if you lose mental capacity.  While you may be tempted to try and do it yourself, the process is complicated and if not followed correctly your lasting power of attorney may not be valid when you need to use it. Laura Schofield at Ware & Kay in York, Wetherby & Malton , can give you her top ten reasons why you should always use a lawyer to make a lasting power of attorney. How to make a lasting power of attorney A lasting power of attorney must: be made by someone aged 18 or over who has mental capacity to understand what they are doing; be prepared using prescribed forms which request specific information and include a…

Local Solicitors Defend Lasting Powers Of Attorney

Local solicitors Sian Foster and Laura Schofield from Ware & Kay Solicitors based in York, Wetherby & Malton have defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia. In the foreword to a new book on the subject, Mr Lush raised concerns about the "lack of transparency" in how appointed attorneys manage older people's finances. The former judge went on to criticise the Ministry of Justice as being "disingenuous" in its promotion of the…

Tougher Penalties For Employing Illegal Immigrants

On 12 July 2016 changes to illegal working offences in the Immigration Act 2016 came into force, introducing tougher penalties for employers found to be flouting the rules. As the government is keen to crack down on employers who turn a blind eye to employing illegal migrants, with fines of up to £20,000 per illegal worker and possible disqualification for directors, it is more vital than ever for employers to make sure employees have the correct right to work documents.  The Home Office also names and shames employers found employing an illegal worker, so your business reputation could be on the line too. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton , advises on how employers can avoid illegal working traps. Checking workers' status Under current law, employers can…