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20th April 2000, Page 6
20th April 2000
Page 6
Page 6, 20th April 2000 — Phoenix phonies
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Which of the following most accurately describes the problem?

Keywords : Betts

Even a casual look through this week's news pages confirms a worrying trend: the one where companies go bust, owing thousands, then start up again almost overnight under a different name and without their old debts. This may well be perfectly legal, but can it really be right that the law effectively allows a man to run a business into the ground at the expense of his suppliers, then start up again without any obligation to his former creditors?

Anyone can be unfortunate enough to find their business on the slippery slopes despite their best efforts—and nowhere is such failure more likely than in the notoriously tricky transport sector—but those who cynically go bust in a premeditated way in order to wipe their slate clean of thousands of pounds of debts should be called to book.

It's high time company law was reformed to prevent such "businessmen" from ruining the genuine firms they deal with by removing any hope that they will ever be paid what they're owed.

• What exactly is "good repute", and how easily can it be lost? It's a question that has plagued operators and Traffic Commissioners alike since the wording of the 0-licence regulations was altered late last year. Now at last, an attempt is being made to clarify the confusion, with Senior TC Michael Betts reported to be working on guidelines to help TCs interpret the new wording appropriately.

We applaud Betts' initiative and are sure, when the guidance is issued, that it will be both clear and fair. But it must come quickly. Hauliers are entitled to know where they stand and the backlog of cases dependant upon this issue is growing by the day.

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People: Michael Betts
Locations: Phoenix

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