Late Payment/Debt Recovery

[Caerdydd]

Hi All,

 

Just wondering if anyone had any recommendations (not slating's!) for any Debt Recovery Solicitors that they have used?

 

Diplomacy with one particular company has not come to an end.

 

 

 

Thanks in advance!

 

 

Caerdydd.

[Guest lightnix]

Try going through Money Claim Online, before getting any expensive solicitors involved. AFAIK they can handle claims of up to £99,999.99.

[Nick S]

I would suggest using a solicitor to send a 'letter before action' before you file a claim in the small claims court. This sounds expensive, but in reality is very, very cheap, cheaper than filing a claim, and can resolve payment in many cases. Many of the IT contractors/businesses I know use Thomas Higgins, who will send legal letters for around £2.

 

This is, of course, assuming the diplomacy you alluded to hasn't already included a legal letter from a solicitors.

 

HTH :)

[Caerdydd]

I did come across that website earlier on today........... sounds good.

 

Have not issued a Letter Before Action yet, am waiting till Friday.

[Guest lightnix]

I can testify as to the effectiveness of MCOL. You'll need to lay out £25 up front, to cover admin costs; but this will be added to the amount owed to you by the defendant, in the event of a successful claim.

 

Don't forget that, as per advice given in previous threads, you can claim interest on overdue bills - at 8% over the base lending rate set by the Bank of England :)

 

How much are you chasing and how long have you been waiting for it - if you don't mind me asking?

[w/robe]

Have you threatened them with court yet?

 

I've twice phoned people and said 'I've been to small claims before and I'll do it again, I want my money now' and found them quick to pay up.

 

Both times they were people I had decided I would never want to work for again and I didn't ever put in writing that I had been to court before as this was not true.

[musht]

Have been to Small Claims Court, in Sheriff Court in Scotland.

 

As a claimant nothing to be afraid of, the presiding Sheriff or Magistrate knows your not a lawyer and will ensure everyone keeps to the facts and ways from jargon, setting kind of stops histrionics from either side ;-)

 

Costs are limited both ways and for larger companies cost of defence may be more than they could recover if they won or of the disputed amount.

 

Honesty and brevity are your friends, remember that legal professionals have to deal with liars day in, day out and get good at spotting them.

[Bryson]

I'm filing papers at the Small Claims Court today. It's not that much money - but just enough to make it irritating. Tedious!

[David Lee]

Just filed papers for a small claims last night. More because the accounts dept won't stump up the compensation part of a late payment and even worse don't talk to me about the issue. They had the cheek to say that they wouldn't use my services again. As if I'm worried as it has taken three months to get any money out of them. I think they'll find that I had already struck them of my list already :)

[StevieR]

One technique that I've tried - and doesn't cost you any money - is to fill in, print off and send copies of the completed small claims forms to your client with the cover note that these are ready to be submitted and will be unless they remit in full within 7 days.

 

Sometimes shocks a response out of them!

 

Steve

[abbotsmike]

One technique that I've tried - and doesn't cost you any money - is to fill in, print off and send copies of the completed small claims forms to your client with the cover note that these are ready to be submitted and will be unless they remit in full within 7 days.

 

Sometimes shocks a response out of them!

 

Steve

 

Is that not bordering on blackmail however?

[gareth]

Wouldn't have thought so - it's not as though you'd be attempting to extort money which isn't actually due to you. I'd see it more as proving to the non-paying client that talk of small claims court proceedings aren't simply hollow threats, and that you actually mean business when it comes to recovering your debt.

[zonino]

from Theft Act 1968

21 Blackmail

(1)A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—

(a)that he has reasonable grounds for making the demand; and

(b)that the use of the menaces is a proper means of reinforcing the demand.

(2)The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

(3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

Annotations:

Modifications etc. (not altering text)

C1

S. 21 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1)(d), 8(2); S.I. 1991/1716, art. 2

 

to my untrained legal eye it is a warranted demand for payment, therefore not blackmail

[cknapper]

Hi is this 8% a month for late fees.

 

I have been waiting 10 months for £580

 

not much I now but its mine !!!!!

[Nick S]

Wouldn't have thought so - it's not as though you'd be attempting to extort money which isn't actually due to you. I'd see it more as proving to the non-paying client that talk of small claims court proceedings aren't simply hollow threats, and that you actually mean business when it comes to recovering your debt.

 

 

Yep - since the debt is (presumably) legal, you can threaten the debtor with any legal remedy (eg, "if you don't pay, I will send these papers off to sue you in the courts). It's when the 'menace' (threat) you make isn't legal recourse that you get into trouble.