money owed is there a legal way to get it back

[wizzbilly]

aright all sorry about spelling lol

did some work for a chap who is self inployed about a year ago now and still struggling to get the money out of him have been to his house a fair few times posted notes etc still no contact have posted bank details for him to put money into my acount still no show ,

i would like to go round and kick the fook out of him but to be honest thats the last resort we got on fine before this and looked out for each other etc but now i think i have been patient enough its been about a year now near enough .

there is no legaly binding contracts any where saying he owes me this money that is the biggist problem

am going to write him a letter out now and have it posted to him recorded delivery so no exuses he hasnt got it etc with 10days to pay which i think is fair enough i no he has the money and i no he his in the house when i call just no answer ,

what are my other options

distroy his buissnus which i could do in no time at all but wouldnt like it to go that far

go round and kick the st out of him

any advice welcome

[Poledriver]

What is more important to you, getting the money back, showing him the error of his ways, your pride or hurting him?

[wizzbilly]

getting my money back to be honest but if he dost pay i will just seek revenge no big deal to me ,

have tried been patient and understanding etc but been the nice guy dont seam to work

[no-worries88]

orr yor spellin?

[rfn]

If he doesn't pay up can't you take him to court? Obviously this depends how much money you have lost out on....

[Saskia7]

wizzbilly said:

aright all sorry about spelling lol

did some work for a chap who is self inployed about a year ago now and still struggling to get the money out of him have been to his house a fair few times posted notes etc still no contact have posted bank details for him to put money into my acount still no show ,

i would like to go round and kick the fook out of him but to be honest thats the last resort we got on fine before this and looked out for each other etc but now i think i have been patient enough its been about a year now near enough .

there is no legaly binding contracts any where saying he owes me this money that is the biggist problem

am going to write him a letter out now and have it posted to him recorded delivery so no exuses he hasnt got it etc with 10days to pay which i think is fair enough i no he has the money and i no he his in the house when i call just no answer ,

what are my other options

distroy his buissnus which i could do in no time at all but wouldnt like it to go that far

go round and kick the st out of him

any advice welcome

I think ( I may be wrong) that if you failed to set a contract/receipt out between you when this money was lent it's his word against yours; what you see as a loan would be perceived as a gift in a court of law. I'd put it down to experience.

[wizzbilly]

thats what i was thinking hence why havnt gone to courts etc before now

no worries will deal with it in the not so honest way lol

many thanks

[Poledriver]

wizzbilly said:

getting my money back to be honest but if he dost pay i will just seek revenge no big deal to me ,

have tried been patient and understanding etc but been the nice guy dont seam to work

Threaten legal action, in writing, by recorded delivery is a start.
Talk seriously about the problem, let him know that you intend to recover the money immediately.
If there is no joy after this you can instruct a solicitor, recover goods to the value, beat him to a pulp, or shag his missus (don't forget the interest!)
Shaming him or his company is also a useful lever!

But.............

Be aware that he may fight back!!

[crankedup]

Without any written contracts or even handwritten notes its your word against his. Basically you are stuffed so far as small claims court go'es. If you try force you risk the weight of the Law coming down upon you. If it were me I would write it off and put it down to experience.

[Jasandjules]

crankedup said:

Without any written contracts or even handwritten notes its your word against his. Basically you are stuffed so far as small claims court go'es. If you try force you risk the weight of the Law coming down upon you. If it were me I would write it off and put it down to experience.

Well it will fall to who a judge believed. Do you have any diarised entry for that date?

[SS HSV]

crankedup said:

Without any written contracts or even handwritten notes its your word against his. Basically you are stuffed so far as small claims court go'es. If you try force you risk the weight of the Law coming down upon you. If it were me I would write it off and put it down to experience.

Real straight forward advice.

[wizzbilly]

Jasandjules said:

crankedup said:

Without any written contracts or even handwritten notes its your word against his. Basically you are stuffed so far as small claims court go'es. If you try force you risk the weight of the Law coming down upon you. If it were me I would write it off and put it down to experience.

Well it will fall to who a judge believed. Do you have any diarised entry for that date?

afraid not

[Simpo Two]

Saskia7 said:

I think ( I may be wrong) that if you failed to set a contract/receipt out between you when this money was lent it's his word against yours; what you see as a loan would be perceived as a gift in a court of law. I'd put it down to experience.

But the OP would hardly have done all the work just for fun, surely? Doesn't it come down to 'reasonable interpretation'?

Normally the way to deal with this is lay down some deadlines in writing (get help with this) and say that if the money is not received by X date (eg 14 days) then you will commence proceedings, leading to CCJ, bad credit rating yada yada. Of course if he's a professional non-payer then he'll just laugh and hang the CCJ next to all the others he's got... but you do have to bring it to a close somehow.

[Saskia7]

Simpo Two said:

Saskia7 said:

I think ( I may be wrong) that if you failed to set a contract/receipt out between you when this money was lent it's his word against yours; what you see as a loan would be perceived as a gift in a court of law. I'd put it down to experience.

But the OP would hardly have done all the work just for fun, surely? Doesn't it come down to 'reasonable interpretation'?

Normally the way to deal with this is lay down some deadlines in writing (get help with this) and say that if the money is not received by X date (eg 14 days) then you will commence proceedings, leading to CCJ, bad credit rating yada yada. Of course if he's a professional non-payer then he'll just laugh and hang the CCJ next to all the others he's got... but you do have to bring it to a close somehow.

As I said, I'm not sure if British law is different, but in most other countries unless you have something written down (a contract of payment) whether it's a company or your best friend, the law courts will see it as a gift. I'm not saying this is fair.

[ChrisnChris]

How much is involved......I may be able to help, you don't necessarily need a contract for "works done"
If the work was done satisfactorily & you haven't had any complaints from the person you worked for..... start writing.
Always put things in writing...keep copies of your letters & any replies.

Ask for reasons for non payment.
Offer to negotiate a period of time for payment
Tell him you will take him to court.

Send several letters over the course of a few weeks, after each period of non-response, re-write expressing your disappointment.
Finally inform him you have no option but to take him to court.

Give him 10 days to respond & when nothing is forthcoming issue proceedings against him.
Unless he has a genuine reason for non payment he probably won't turn up in court.
The Judge will find in your favour, award you the money owed + costs (+ interest & compensation if you're smart) & hey presto you win the case & he gets a CCJ against him

Now for the difficult bit......you have to get the money...he still won't want to pay you...even with judgment against him.

Go & see an Insolvency Practitioner & take out Bankruptcy Proceedings against him....costs about £60 if I remember correctly.

Get a Bailiff to serve the Bankruptcy Notice, again about £60

This will make him take notice & you get your money.

Remember.....writing....writing.....writing & always make a written note of any he may say to you, together with dates...always write these things down as soon as you can....you WILL forget & the courts love all these details, they will work in your favour.

All this is given in good faith....I'm not a Lawyer....just speaking from personal experience! It worked for me but with a considerable sum involved, County Court not small claims so don't know if that makes a difference.
Plus if it's only fifty quid then I suggest a good shoeing but then it will be you up before the

Hope this helps

Chris

[Jasandjules]

But you have repeatedly asked for payment and he hasn't denied it this can be taken as acceptance of a debt - Has he replied at all? But as above, put it in writing and send it proof of posting.

[wizzbilly]

ChrisnChris said:

How much is involved......I may be able to help, you don't necessarily need a contract for "works done"
If the work was done satisfactorily & you haven't had any complaints from the person you worked for..... start writing.
Always put things in writing...keep copies of your letters & any replies.

Ask for reasons for non payment.
Offer to negotiate a period of time for payment
Tell him you will take him to court.

Send several letters over the course of a few weeks, after each period of non-response, re-write expressing your disappointment.
Finally inform him you have no option but to take him to court.

Give him 10 days to respond & when nothing is forthcoming issue proceedings against him.
Unless he has a genuine reason for non payment he probably won't turn up in court.
The Judge will find in your favour, award you the money owed + costs (+ interest & compensation if you're smart) & hey presto you win the case & he gets a CCJ against him

Now for the difficult bit......you have to get the money...he still won't want to pay you...even with judgment against him.

Go & see an Insolvency Practitioner & take out Bankruptcy Proceedings against him....costs about £60 if I remember correctly.

Get a Bailiff to serve the Bankruptcy Notice, again about £60

This will make him take notice & you get your money.

Remember.....writing....writing.....writing & always make a written note of any he may say to you, together with dates...always write these things down as soon as you can....you WILL forget & the courts love all these details, they will work in your favour.

All this is given in good faith....I'm not a Lawyer....just speaking from personal experience! It worked for me but with a considerable sum involved, County Court not small claims so don't know if that makes a difference.
Plus if it's only fifty quid then I suggest a good shoeing but then it will be you up before the

Hope this helps

Chris

thanks for the advice mate will have a proper read later and look into them as for amount a few thousand would need to check think its around 2500 i no not a great deal of money to sum pepole but is to me and i dont work for the plesure of it

[wizzbilly]

Jasandjules said:

But you have repeatedly asked for payment and he hasn't denied it this can be taken as acceptance of a debt - Has he replied at all? But as above, put it in writing and send it proof of posting.

note heard anything neither seen him seams to manage to avoid me and have posted many notes through his door myself when i have called and no one has been in , or not answerd the door

[ChrisnChris]

It's yours, you are owed the money, irrespective of the amount.
Did you invoice him for it, if you didn't, that might cause a few problems. If not, set out your reasons for not supplying an invoice in your first letter to him & enclose an invoice at this time.

[Jasandjules]

Does he have a wife at home? If so, a recorded delivery letter.