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WFPjamesWFP

  • Posts: 25
Taking a commercial to small court claims
« on: October 30, 2018, 02:30:40 pm »
Has anyone got any experience with taking a commercial job to court?

I have a commercial job ive done for years and all of a sudden one of there depots has closed and they are now not paying my invoices.

I’ve contacted them frequently to get the run around from accounts.

It’s just under £2500 that they owe me, will I have to go to a small courts claim or ? Its a first for me I’ve never had to go down this road before so just looking for tips and advice and a point in the right direction.

Thanks


Stoots

  • Posts: 6211
Re: Taking a commercial to small court claims
« Reply #1 on: October 30, 2018, 03:34:01 pm »
Has anyone got any experience with taking a commercial job to court?

I have a commercial job ive done for years and all of a sudden one of there depots has closed and they are now not paying my invoices.

I’ve contacted them frequently to get the run around from accounts.

It’s just under £2500 that they owe me, will I have to go to a small courts claim or ? Its a first for me I’ve never had to go down this road before so just looking for tips and advice and a point in the right direction.

Thanks

Yes small claims

But given the sum is quite large it may be worth seeking advice from a debt collection company.

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #2 on: October 30, 2018, 04:01:50 pm »
Cheers Gomo, I get a lot of phone calls “do you have any unpaid invoices” I will see what they can do for me

Smudger

  • Posts: 13438
Re: Taking a commercial to small court claims
« Reply #3 on: October 30, 2018, 04:12:34 pm »
Dont hang around - get the claim started - just make sure you have proof you sent invoice and copies of the letters you sent them

you don't need a solicitor to make a claim unless you really feel you can't manage the small amount of paperwork.

the reason I say don't hang around is there is every chance they could go into liquidation then you will get nothing, I had a defaulter who owed 4 times yours but I was too generous in allowing them time to pay and the day before court they filed for insolvency so I am now on a long line of debtors

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #4 on: October 30, 2018, 04:21:24 pm »
Dont hang around - get the claim started - just make sure you have proof you sent invoice and copies of the letters you sent them

you don't need a solicitor to make a claim unless you really feel you can't manage the small amount of paperwork.

the reason I say don't hang around is there is every chance they could go into liquidation then you will get nothing, I had a defaulter who owed 4 times yours but I was too generous in allowing them time to pay and the day before court they filed for insolvency so I am now on a long line of debtors

Darran

Cheers Darran,

Do I have to send them a 7 or 14 day notice before I start the claim? This is the bit that’s tripping me up a little.

jo5hm4n

  • Posts: 948
Re: Taking a commercial to small court claims
« Reply #5 on: October 30, 2018, 04:27:51 pm »
Has anyone got any experience with taking a commercial job to court?

I have a commercial job ive done for years and all of a sudden one of there depots has closed and they are now not paying my invoices.

I’ve contacted them frequently to get the run around from accounts.

It’s just under £2500 that they owe me, will I have to go to a small courts claim or ? Its a first for me I’ve never had to go down this road before so just looking for tips and advice and a point in the right direction.

Thanks

Speak to Redwood Collections.  They approached me recently regarding outstanding window cleaning debts, they take 17% commission.  If they dont recover the debt then you dont pay fees.  If i had a large amount outstanding i would possibly consider using them if i had too.

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #6 on: October 30, 2018, 04:40:10 pm »
Cheers josh I’ll have a gander at those mate

Smudger

  • Posts: 13438
Re: Taking a commercial to small court claims
« Reply #7 on: October 30, 2018, 04:48:07 pm »
If you have sent reminders to pay then send them a final letter stating if no payment received by x date (7 working days) a court order will be issued

This covers you in respect of trying to settle the matter before resorting to court

I take they are not disputing the clean happened or was substandard ?
Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #8 on: October 30, 2018, 05:42:18 pm »
If you have sent reminders to pay then send them a final letter stating if no payment received by x date (7 working days) a court order will be issued

This covers you in respect of trying to settle the matter before resorting to court

I take they are not disputing the clean happened or was substandard ?
Darran

they are not disputing it they are just not paying me haha, I’m just messing around with a notice before action template I’ve been sent off a buddy, I did have it down as 14 days notice but meh I’ll go for 7 I think, one invoice they owe me for is from January  ;D has them for years and never had a problem with them paying but this year they are too sloppy for me, cheers smudge I’ll let you know how I get in

Kev Martin

  • Posts: 6954
Re: Taking a commercial to small court claims
« Reply #9 on: October 31, 2018, 07:27:58 am »
If it helps, Here is a copy of one of ours for you.  You need to give them 14 days.  Send them an original hard copy of the letter by post either RMSD or First Class Signed for and keep the receipt and track the delivery in case you need it for evidence.

Dear Sir/Madam
FINAL DEMAND

Invoice No TL110174  Dated 19 Xxxx xxxx

OVERDUE AMOUNT: £2300

Despite our previous numerous requests in writing by e mail and via telephone and messaging for payment your account remains overdue.   Unless payment is received within the next fourteen days we will instruct our Legal Department without further notice to instigate County Court proceedings for the outstanding balance.  Once these proceedings are started they will be seen through to a satisfactory conclusion and any costs incurred will be added to the outstanding balance as well as 8% statutory interest.  If proceedings are commenced you retain the right to have the proceedings moved to your local County Court

Settlement of the balance can be accepted by BACS Transfer direct to our account.  Bank details are on your invoice or by telephoning our office with Debit Card Details.

We trust that such action will not prove necessary and look forward to receiving your payment in settlement of your account by Friday 3 June xxxx. 

It is imperative that you contact us if for any reason payment can not be made or if you have made a payment within the last 7 days.

Yours faithfully



Kevin Martin
Managing Director
Marble Life Ltd

Original to be sent RMSD

Copy to:
Accounts Department

Attachments:
Copy Invoice No TL110174
Tel:   0121 773 9129
Mob:   07770 598855
E Mail:tilinglogistics@hotmail.com
"Natural Stone Restoration Specialists" Tel: 0121 773 9129
www.tilinglogistics.co.uk | www.marblelife.co.uk  http://stores.ebay.co.uk/Tiling-Logistics

Smudger

  • Posts: 13438
Re: Taking a commercial to small court claims
« Reply #10 on: October 31, 2018, 08:12:52 am »
Yes keep us updated

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

bobplum

  • Posts: 5602
Re: Taking a commercial to small court claims
« Reply #11 on: October 31, 2018, 08:33:49 am »
Roan Hay Redwood collections, advertises a lot on the facebook pages

Richard Stevenson

  • Posts: 307
Re: Taking a commercial to small court claims
« Reply #12 on: October 31, 2018, 12:20:35 pm »
They won't take any notice of you. Get a dept company in, I use Shire dept recovery. They have all ways got a result for me , minus 10%.

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #13 on: October 31, 2018, 03:29:38 pm »
Little update:

I rang them up yesterday and told them I will not be returning to clean the windows until my balance starts getting cleared.

Last night I printed out an letter before action and today I sent it special delivery, I got home and then checking emails they have sent me some payments, not all of them but a small amount so they are playing ball now I’ve raised a bit of hell with them yesterday on the phone.

I went back to the post office and got my letter back lol.

I don’t think court will be needed now BUT this hasn’t been a total waste of time because I’m prepared now for if they do decide to try and trip me up.

Thank you all for the help and advice, I feel more comfortable now knowing I know what action to take if any of this comes up again.

cleaniac

Re: Taking a commercial to small court claims
« Reply #14 on: October 31, 2018, 05:53:19 pm »
They are probably making token payments whilst they go into liquidation.

You should continue with action even if you get the payments.

WFPjamesWFP

  • Posts: 25
Re: Taking a commercial to small court claims
« Reply #15 on: November 01, 2018, 07:21:29 am »
They are probably making token payments whilst they go into liquidation.

You should continue with action even if you get the payments.

Giving them till next week to see what hqooens, Id no further payments come through letter before action for them

David Kent @ KentKleen

  • Posts: 1712
Re: Taking a commercial to small court claims
« Reply #16 on: November 01, 2018, 09:40:47 am »
Remember to notify them of the interest you are going to add if they dont resolve the outstanding balance. (you are legally allowed to charge this, its worth looking into how to do it on google).
We did this on one of the very few large commercial jobs we do, as soon as they got the letter explaining the intrest charges they paid up.
Good luck.

Smudger

  • Posts: 13438
Re: Taking a commercial to small court claims
« Reply #17 on: November 01, 2018, 11:21:00 am »
Well done

But as said continue with the letter until they are up to date - minimal payments at best are just jerking you around at worst going bust but trying to delay your court action

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

cleaniac

Re: Taking a commercial to small court claims
« Reply #18 on: November 01, 2018, 11:22:30 am »
They are probably making token payments whilst they go into liquidation.

You should continue with action even if you get the payments.

Giving them till next week to see what hqooens, Id no further payments come through letter before action for them

I would do it now mate.

It only takes an appointment with a judge and 700 quid (or is it higher? ) and it can be wound up in 15 mins.

Slacky

  • Posts: 8279
Re: Taking a commercial to small court claims
« Reply #19 on: November 01, 2018, 01:11:12 pm »
I went back to the post office and got my letter back lol.

You did what??

Jeez, thats nuts.