Debt Collection

[BobA]

As we have a real cross-section of folk on here, I just thought I'd ask if any of you have had the pleasure of chasing somebody, or a company, that hasn't paid up what they owe??


I'm considering using H.M Court Services online Moneyclaim, and wondered if anyone else has and what your experience has been.


Final course of action could be with a few baseball bat wielding heavies, but I thought I'd try the right way first!!!!!




Your thoughts please


Thanks


Bob

[allyw71]

You get a higher level of self-satisfaction using the wrong way

[Whealie]

I once took The Guardian to the small claims court for not paying in full the agreed fee for an article I had written. They defended it too, had a lawyer and all. I won.

[pdsquire]

If the debt is below £5,000 then the case will be heard in the Small Claims Track which is designed to operate without lawyers. Lawyers often appear, but the judge is meant to give appropriate assistance to litigants-in-person to ensure that they are not at any disadvantage. In reality, this often means they get an advantage which is why on occasion I have advised clients not to use me but to do it themselves.

Another important element of the Small Claims procedure is that costs are not generally awarded (almost never) so you have nothing to lose if you come second. For that reason it does not make economic sense for companies to defend sums under about £500 as it'll cost them that to prepare the case and be represented.

Once you have an order, enforcement is another matter and can be done in a number of ways including sequestration of assets, charges against real property, contempt proceedings and so on. As luck would have it one of the TLD riders does this for a living, but I woudn't like to say who as I don't know if it is well known. I'll try to get hold of him to read this thread and to send you a PM.

[AlanH]

We've never had an issue dealing with non-payers although we have an advantage...

As a web design and hosting company, we find that a big notice reading "Site Suspended due to Non-Payment" and a red no entry sign gets clients on the phone and arranging an immediate payment. That's usually a last resort and we'd only do it to a client we REALLY wanted to ditch as usually it results in all their creditors commencing action for unpaid bills at once which tends to mean game over for their business.

It has had a 100% success rate

[BobA]

Thanks all.


It's such a bloody tricky one, because it's with a company that has provided me with probably 80% of my work for some time.

They are WELL over our agreed 30 day account on a four figure sum, and I haven't had any work from them for over 3 weeks (in fact, I've done 2 days work in just over 3 weeks which is dire!) but I don't want to jeopordise any future work by suing their a$$es really; although I would really appreciate my money, and fast!

I've followed the procedure for "Recovery of late payments" etc and sent them an email with an up-to-date statement, and stressing that I will start proceedings to recover my money, interest, and a debt recovery fee.
I was sort of hoping that a well worded threat might kick them into action, but as yet I've not had any reply.

H.M Courts Online Moneyclaim seemed to be the most straightforward route, so I'm guessing I'll be going down this route next week, but am keen to hear any experiences or stories some of you might have.


Cheers



Bob

[pdsquire]

I know this'll sound daft Bob, but have you explained your predicament to them?

As a lawyer I spend a lot of my time telling people to avoid litigation: it's just not good for your health or well-being and you should only undertake it if you have to. Try to get them to take responsibility for the problem without threatening them.

If you haven't done it, speak to them saying: 'Look. You owe me money and I can't afford to be without it. I've asked but got nowhere. If you cannot or will not pay then what would you suggest I do to get the money? Can you pay a lump sum now and [say] £500 each two weeks after that? Would you pay me within seven days if I knocked a bit off the invoice? Help me out here: if you just stone-wall me what option do I have except going to the small claims court?'

[romeo one]

When we were in business over a period of 30 years we went to small claims court 8 times and won every time,because they did have the goods or services we provided.We found that the fight starts after you get judgement,we`ve sent in bailifs in and traced debters around the country.
Our last court case was in June 2004,We have been retired for 4 years and a cheque still arrives every month,the person concerned owed us £4000 and we asked for £200 per month,she offered £20,we managed to get £60.We would have been dead before she had finished paying,£4000 £20 a month ,over 16 years,
We still rent out property so it won`t be our last visit,still thats one of the joys of being self employed.