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andyM

  • Posts: 6100
Debt Collection Procedure
« on: August 07, 2017, 05:22:08 pm »
Does anyone on here have experience of successfully chasing a debt through small claims court?
I just need to be aware of the correct procedures to follow up with first and what evidence of the debt is required to be submitted.
I'm owed £100 for a conservatory and window clean, which she told me she would pay online (BACS).
My payment terms are 7 days, although I don't enforce that rigidly and it's been a month since this job was completed.
 
All I have is text messages including a (dog ate my homework) type response as to why i've not been paid, which was weeks ago with the promise it would be paid that day.
Then nothing.
I've not had any response to my most recent request by text.
Any links or advice appreciated please.
I don't really want to go down this route and hope it can get sorted, but it's looking as if a previously good customer has gone bad.
One of the Plebs

Tosh

  • Posts: 2964
Re: Debt Collection Procedure
« Reply #1 on: August 07, 2017, 05:29:51 pm »
If you have evidence that they say they will pay then thats enough, a text of this nature should be fine. Why would they say they would pay if they were dis-satisfied with the work, they wouldn't.


https://www.moneyclaim.gov.uk/web/mcol/welcome
*A HISTORY OF THE UNIVERSE - THE SHORT STORY* 'Hydrogen is a light, odorless gas, which, given enough time, turns into people.'

Dave Anderson

  • Posts: 787
Re: Debt Collection Procedure
« Reply #2 on: August 07, 2017, 05:37:04 pm »
I once had a debt for 100 euros.... the guy was a complete *&%^%^%$^$%.... Tried everything and he knew I couldn't do much about it and told me as much.... Alternative solution >> sold the debt to a Romanian window cleaning crew that works in our area from time to time for the grand sum of 10 euros.... who knows what they did to get the money but I'm sure they got it  ;)
The more I know the less I know I know ...

andyM

  • Posts: 6100
Re: Debt Collection Procedure
« Reply #3 on: August 07, 2017, 05:40:33 pm »
Cheers Slacky.
I did ask in the text if she was dissatisfied with the work, she didn't say she was, and told me it would be paid.
But it wasn't.
She's a nice lady, a previous prompt payer and this is all uncharacteristic to previous dealings I've had with her.
I've written a fair few debts off over the years as it's the easier option.
But I'm keen to see this one through.   
 
One of the Plebs

Stoots

  • Posts: 6353
Re: Debt Collection Procedure
« Reply #4 on: August 07, 2017, 05:59:59 pm »
You have plenty of evidence (including records of her paying previously an admitting by text she owes the money)

So send a letter before action giving 14 days, send it recorded del and tell her if it goes to court she will have to pay any costs (including a days work if you have to attend)

Follow through with it and you will win.

Tosh

  • Posts: 2964
Re: Debt Collection Procedure
« Reply #5 on: August 07, 2017, 06:07:24 pm »
You don't need to send it recorded. You need to get proof of postage. Thats enough. You can have recorded but it doesn't mean jack-$hite, the customer can still refuse to sign for something even if the postie brings it round. Proof of postage is enough.
*A HISTORY OF THE UNIVERSE - THE SHORT STORY* 'Hydrogen is a light, odorless gas, which, given enough time, turns into people.'

Nick Day

Re: Debt Collection Procedure
« Reply #6 on: August 07, 2017, 06:49:44 pm »
You do not need any proof of posting of any kind. Google the Postal rule. Give seven days notice and then proceed on line for about £25.00.

Stoots

  • Posts: 6353
Re: Debt Collection Procedure
« Reply #7 on: August 07, 2017, 09:02:57 pm »
You don't need to send it recorded. You need to get proof of postage. Thats enough. You can have recorded but it doesn't mean jack-$hite, the customer can still refuse to sign for something even if the postie brings it round. Proof of postage is enough.

Yeh that's actually what I meant.

But when you send it recorded del your get a receipt as proof of postage. Keep that.

You could just record a video of you posting it through her letter box. I've done that before if it's local, just as easy as going to post office.

C & S

  • Posts: 75
Re: Debt Collection Procedure
« Reply #8 on: August 07, 2017, 09:11:16 pm »
Go round.
Speak in person. Face to face.

p1w1

  • Posts: 3873
Re: Debt Collection Procedure
« Reply #9 on: August 08, 2017, 11:54:33 am »
Go round.
Speak in person. Face to face.
Yeah be a man about it  ;D

Smudger

  • Posts: 13459
Re: Debt Collection Procedure
« Reply #10 on: August 08, 2017, 11:59:17 am »
TBH - i'd write the debt off

its unfortunately a long process - you need to write letters sent special delivery then pay the court fee's but before going to court you need to do a mediation session ( not compulsary but helps if you show willing to compramise ( this is done over the phone but you have to be available all day ) then finally you get to court

i have an ongoing claim which has taken a year to get a court date ( but it is a larger claim of £9500 ) and yesterday i found out he's gone into liquidation - so no chance of payment now

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

andyM

  • Posts: 6100
Re: Debt Collection Procedure
« Reply #11 on: August 08, 2017, 04:38:56 pm »
Update:
I was ready to type up a Letter before action notice today and get it sent off when out of the blue I received a text message from the customer saying the payment had been made to my account with an apology.
And surely enough it was, which has saved me a load of hassle!
From the message I received it seems that the lady is having a few personal problems which did leave me feeling sorry for her.

Thanks to everyone that contributed.   
One of the Plebs