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Debt Collection

Discussion in 'Lounge' started by simmytt, Sep 15, 2019.

  1. Try a company called Thomas Higgins solicitors. We use them at work , they send a letter giving notice of proceedings if payment is not made within a week. They are very cheap and 90% of the time bring instant results.
     
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  2. As all above have said, first write a letter demanding payment of the unpaid debts and setting out details of what the debts were for and when they fell due for payment. Finish by giving them a reasonable time to pay, say 5 business days, or you’ll file a claim in the small claims court.

    Make sure the letter is addressed to the legal entity that actually owes the money or else you’ll be chasing/suing the wrong legal entity. You can check at companies house
    https://beta.companieshouse.gov.uk/
    what the correct legal name is if they are a limited company or a partnership and use the correct and full legal name. It is highly unlikely they will be trading as Joe Bloggs as a sole trader.

    Be mindful that the letting apart of the business may be operating under a different legal entity to the sales side eg Jo Bloggs Lettings Ltd and Jo Bloggs Sales Ltd. in your situation you may have to chase two different entities as you did work on a rental and a sale.

    The cost to make the claim is small, it’s in relation to the cost of the claim and is recoverable.

    If you need help PM me.
     
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  3. Also

    Think about the consequences - if you get 20 jobs a month from this estate agent and you issue or threaten legal proceedings then this work may dry up.

    I understand it’s infuriating your owed but sometimes you need to look at the overall picture before going down this route.

    Again - can you not first arrange a meeting with the company and again bring this to their attention again...
     
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  4. They already owe him £1245, half of it for more than a year. I wouldn't be doing anymore work them without being paid, unless I was prepared to work for what might end up being free...
     
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  5. I stoped doing business with them a few months ago after them not paying the February invoice, I never relied on there work, it was more of a on the way home and Saturday morning type repairs, in all honesty more trouble than it was worth especially when you gat a call at 7/8pm where a tenant cannot open a door.
     
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  6. If you put them on hold and stop services, they will find someone else in no time. Easier to find credit terms with a new service provider than it is to pay the current one it seems.

    There must be underlying money flow issues and you come bottom of the payment pile.
     
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  7. I’ve just seen @Robarano post.


    It’s not always straightforward to work out who the contract is between when agents are involved because in some scenarios the contracts they enter into within the scope of their agency are done on behalf of their principal (ie: owners or landlords). However, in situations like this, it can be analysed as the agent sub-contracting one of their obligations to you, and so the contract is with them.

    Much of the above advice is sound. Keep your letter short and (not so) sweet and don’t let yourself get bogged down in long winded correspondence going on for weeks which saps your energy and focus.

    Head it “Letter Before Action” and give them 14 days to pay up. If not, issue proceedings using claim form N1.

    You’ll hear people referring to “the small claims court”. That’s a slight misnomer as there is no separate court but cases get “tracked” after the other side file a defence, depending on value and complexity. As a general rule, anything less than £10K gets on the small claims track, which is cheap and proceedings are fairly informal and no lawyers’ costs are payable unless someone has acted like a complete tool and tried to frustrate proceedings: see CPR r.27.14(g).

    If you want to instruct me to send a letter on my chambers letterhead it carries a bit more weight, it’s not expensive anyway and mate’s rates for ducati peeps. Drop me a PM if you want to discuss.
     
    #27 Zhed46, Sep 15, 2019
    Last edited: Sep 15, 2019
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  8. Not listed on companies house, the company is called , (insert persons full name) sales and lettings and looking at there website and meet the team section it looks like there is only one managing director, so I am guessing my letter should be addressed to him in person, would this be better sent by email. Thanks for all the reply's all very useful, I have been very lucky over 25years of trading as I have never had to chase outstanding debts above a phone call or email.
     
  9. If you’re suing a sole trader or partnership rather than a company the proceedings would be brought against whoever owns the business “trading as” the business

    So....

    MR SIMMY TT

    V

    MR RIP MEOFF
    (T/A BODGE IT AND LEGGETT ESTATE AGENTS)

    You mention a managing director. You can’t have an MD unless it’s a company so look for a company registration number on their letterheads and emails etc and search companies house using that. Also search using the head honcho’s name as it will return results for any directorships he holds. But if their business doesn’t have “Ltd” after it and you can’t find them on Companies House, chances are you’re dealing with a sole trader/partnership.

    I do a lot of work claiming against agents and it’s very common for them to incorporate companies which they then dissolve after a few years of racking up unpaid debts, and then they start another company with an almost identical name so make sure you’re claiming against the correct entity or else your case might end up getting struck out, although on the small claims track the usual order is for the claim form to be amended.

    Also, include a claim for interest under the Late Payment of Commercial Debts Act 1998 (google will tell you how to “plead” it).
     
    #29 Zhed46, Sep 15, 2019
    Last edited: Sep 15, 2019
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  10. I have used MCOL many times over the years for things ranging from tenants owing rent through to taking umbrage with TUI for an expensive yet crappy holiday. Have had a posititve result every time. It is simple, cheap and effective. In the event that a claim is defended the process remains simple and clear. The fee is relative to the size of the claim. Worth taking a look...

    https://www.moneyclaim.gov.uk/web/mcol/welcome
     
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  11. I use this firm to enforce debts since Dec 2012, both business to business and end user.
    Very good, effective, easy to communicate with and low cost option.
    https://thomashiggins.com/
     
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  12. Good point. It is in fact The County Court. I don't know why people keep referring to "the small claims court".
     
  13. May I suggest you research what a "Lien" is? Here is a good place to start:
    https://en.wikipedia.org/wiki/Mechanic%27s_lien
     
  14. yip, you advised my about that before. much appreciated too btw.
    tbh, on the whole I have been very very lucky when it comes to being paid, I seem to have the eye to spot a conman. after 9years, I;m only due a few hundred quid. but had I been in the restoration business where the bills can be astronomical, I wouldn't hesitate.
     
  15. That’s a kind and generous offer Zhed, with us Herberts you may regret it......
     
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  16. Great, thankyou, after looking on there website found this (copy and past),Registered Company Number: XXXX | VAT Number: XXXX , I then checked my works orders from them and found a company number, so typed that into the ch search and it appears he is the only officer, appointed in 2008, so am I right in assuming I still direct the letter directly to him.
     
  17. Not sure why my advice got me a drama queen... but hey ho..
     
  18. Sorry, they look similar ish, removed :upyeah:
     
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  19. Yep to Mr xxxxx MD Jo Bloggs xxxx Ltd
     
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  20. ^^^ that’s ok for the letter but if/when you issue the claim it’s the company name only
     
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