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Debt collection of monies owed, how?


-Mongrel-
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Long story short, I recently changed job.

 

It turns out that the business owner didn't like me and, rather than concentrate on the quality and quantity of my work, he rang me at 7.30 one evening with the words, "I don't think this is going to work, it's a clash of personalities, I'm letting you go...with immedaite effect!" ie no work tomorrow!

 

I should point out that I'm a self employed gas engineer and was working on a sub-contract day rate basis.

 

He owes me 7 days labour. He hasn't paid it yet.

 

I have emails that show the addresses that I was instructed to work at, and if necessary could re-visit the properties to attain statements confirming my presence and what I was doing. Additionally, I was registered with the main contractor and had a security pass issued and was also put on the companies Gas Safe registration. All of which will be fairly compelling evidence that I worked for him and did the work. Bank statements will show that payment wasn't made, although I do have a payment for two earlier days labour that would at the least indicate what the day rate was.

 

I do no intend to let him get away with this one, particularly as he has treated me very shabbily throughout proceedings, he is an arrogant **** who seems to think he can do as he likes...not to me he can't.

 

Any legal eagles or educated laymen able to suggest what else I may need and what the next steps should be? I'm assuming this is Small Claims court territory and that I will endeavour to recover any cost from him as part of the process?

Edited by -Mongrel-
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Have you tried Citizens Advice?

 

Not yet, to be honest, I've approached the CAB in the past with less than satisfactory results, I think they have their strengths, business advice may not be one of them.

 

small claims or get a solicitors letter

 

or i'm sure Mung will be along shortly to suggest "windmilling him"

 

:shaun:

 

It's been a long time since someone has annoyed me enough for me to even consider violence...this guy is really getting to me at the moment, DON'T PUT IDEAS IN MY HEAD! :lol:

 

5000 pound and below is small claims court. My want send him a letter to detail your action and perhaps try to talk some sense into him.

 

Would that not be better coming from a Solicitor? It is kinda where I was thinking of going next.

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The time for asking for your money has gone.

 

Ask yourself, what would Chuck Norris do? And then do that times two, Wrath of Kahn stylee.

 

The legal remedy is there and is straightforward, but turning up at working and door stepping him for it will deliver results sooner and for less money.

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The following worked wonders for me:

I enclose written confirmation that unless payment in full for outstanding amounts owed is not forthcoming within 30 days of the date of this letter,interest charges will incur on the outstanding amount,charged on a daily basis of 8% above the Bank of England base rate until such time as the invoice has been paid in full.I do this under the Late Payment of Commercial Debts Regulations 2002.

In the event of late or non-payment of the invoice,all debt recovery costs will be charged to the customer.

I've only had to do this once,but it is now printed on all my invoices.

Hope this helps.

Edited by Scully
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small claims court, get a county court judgement against the debtor then as long as the debt is over £600 including court costs aproach any High court enforcement agency the will transfer the debt to the high court for judgement and will act on your behalf ,however a word of warning If the debtor is a ltd company then it may be difficult to recover the debt from the company asset if he is an idividual then all assets are liable, car boat tv laptop the lot.

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Send him a letter giving him 7 days for payment in full,then if he doesn't pay go straight to small claims online and start a county court action,and then if he still doesn't pay and the debt is over £600 send me a pm and i will help you from there :good:

small claims court, get a county court judgement against the debtor then as long as the debt is over £600 including court costs aproach any High court enforcement agency the will transfer the debt to the high court for judgement and will act on your behalf ,however a word of warning If the debtor is a ltd company then it may be difficult to recover the debt from the company asset if he is an idividual then all assets are liable, car boat tv laptop the lot.

 

I believe that's what i said :D

Edited by welsh1
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You could just sell the dept the a recovery company who will probably hound him for ever, or at least suggest it to him.

 

If the debt is worth their while (25% cut) then they will just apply for a ccj and hand it over to High court enforcement officers who will do all the donkey work,why waste a quarter of the debt when you can get the ccj and then hand it to the HCEO yourself.

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