[gary evans]

Trevor

Thanks for that. Another very professional & informative response.

I will be acting on this this week, i,ve already informed trading standards & they said to pursue it through the courts.

Thanks

Gary

[jeff1]

The words I used were very similar to what Trevor suggests, They were dictated to me over the phone by a solicitor, I also sent it by registered post, within a couple of days I had the cheque

I was also told that some companys have every intention of paying but keep you hanging on until they receive a letter like above? This just keeps the money in there own account gaining interest until the last minute. :

[Spursboy1972]

under the small business act you can charge them 12.5% per month that get the money out of them and it all legal.

This is not strictly due. It is the late payment of commercial debts act of 1998. The amount of interest chargable is 8% above the bank of England base rate.

If you use my best friend google it will find you a site where you will have to input certain data and once you have done this it will calculate the amount of interest due to you. If I could remember it I would put the link here.

If it was me I would just send another invoice with this amount charged (separate to existing invoice) with a covering letter stating that if all outstanding monies are not remitted by x date(pref the one that the new invoice become due) then without further warning you will issue legal proceedings.
Then either deliver the lot personally or send it recorded.

Tony

[Trevor Knight]

Hi Tony,

Delivering the letter personally is not an accepted practice in the eyes of the Courts. This could be deemed as using menacing methods and is not viewed favourably. Send the demand via recorded Delivery as this is the best method.

Regards,

Trevor

[Spursboy1972]

Point accepted Trevor. However on the flip sideif I was in court I would argue that I wanted to ensure the letter got there as post is unreliable. Despite which how many of these things actually get as far as court. Very few. I did also put send it recoreded at the end of my post!!

[Trevor Knight]

Hi Tony,

I know what you mean regarding the post but if its recorded it should, I did say should, get there

I know you said about using recorded, I wasn't being funny, just highlighting the Personal Method?

No offence meant!

[jeff1]

My views on delivering by hand are as follows.

You go to the customers office or what ever, hand it to whom?? the Receptionist , the cleaner?? who tells you the accounts office is closed for the day? or do you get them to sign to say they received it,
I know I wouldn't sign it if I was the cleaner or Receptionist , there are so many againsts to delivering it by hand.

If its recorded they have to sign it and this is done by someone who is in a position to do so, This the courts will except.
Deliver it by hand and they can still say we never received  it.

[gary evans]

Thanks for all tha help & advice.

Its maddening that people think they can do what they want, you realy feel that you want revenge other than money. This company have given me the run around because i,m busy & outside there area, i did want to call in & give them one last chance, but it would turn sour to say the least & i,d be even worse off.

I hope that nobody else deals with them & gets the same from them. It was all over the purchase of a steam cleaner that did not work, but returned inside the warranty, which has now been changed. The machine was returned inside warranty but they now say it wasn,t & that the machine had not been booked in by them either. The machine was also not safe for the job or to be used , they now say that we have altered it & that i have to pay for a repair on a machine that did not work properly anyway. Of course the guy who dealt with it all is on sick leave indefinate, so i know where thats leading.

Gary

[Spursboy1972]

Trevor

No offence taken, promise. Its just in this day and age it is difficult to rely on post all the time esp if customer is local (ish).

I have had experience of Rec. dels. going missing and there is no  recourse to Royal Mail.

[mark dew]

I have had experience of Rec. dels. going missing and there is no  recourse to Royal Mail.

I agree with you, but at least with recorded delivery you will know if it has been signed and received. You can also check if it hasn't and can simply print off another copy of the previous letter and resend.
Signatures are worth their weight in gold in a dispute.

[Spursboy1972]

I agree with your point oo. However as said before these things very rarely get to court. 99 out of 100 are settled with the threat of court so my view is get acting quickly.
Do the bailiffs send rec. del...NO. When they turn up do they then go away and send a notice of their visit by rec.del? NO. Does their word that they have done something even if they have not stand up in court? YES.
So my view is whatever it takes to get what is rightfully yours. And yes I have paid someone a visit before and got my money.

[Trevor Knight]

In my limited experience with baliffs as far as I am aware they call as a court has passed judgement and you still haven't paid?

So all the paperwork has already been processed and now we are getting down to the nitty gritty end of the business?

Like I said, I don't have much experience in this field so am a bit out my depth, as Tony mentioned, most do get settled before court dates!