Winding up proceedings against a client
Winding up proceedings against a client
Author
Discussion

SystemParanoia

Original Poster:

14,343 posts

229 months

Wednesday 1st April 2009
quotequote all
Can you do this as a first port of call against a non paying client?

groomi

9,331 posts

274 months

Wednesday 1st April 2009
quotequote all
Why would you do it as a 'first port of call'? Shirley, you'd try speaking to them/sending reminders first?

SystemParanoia

Original Poster:

14,343 posts

229 months

Wednesday 1st April 2009
quotequote all
The nature of my work, you cant "Guarantee" Results.

But i can Guarantee that every single item will be delivered.

Done the job, came in to get paid, and their trying to tell me X Y and Z hasnt recieved anything, even though most of the locations were ones that i had done MYSELF and so knew without a doubt that they were lying.

They then told me they wont pay.

so I want to wind up their business / Declare them bankrupt

whats the fastest way to do this?

mas99

4,935 posts

215 months

Wednesday 1st April 2009
quotequote all
I'm not an expert, but I dont think you can wind them up over a disputed debt.

SystemParanoia

Original Poster:

14,343 posts

229 months

Wednesday 1st April 2009
quotequote all
then what can i do short of getting my self thrown in jail?

carreauchompeur

18,332 posts

235 months

Wednesday 1st April 2009
quotequote all
Burn their office down and don't get caught.


HTH

SystemParanoia

Original Poster:

14,343 posts

229 months

Wednesday 1st April 2009
quotequote all
its a gym

jamesuk28

2,176 posts

284 months

Wednesday 1st April 2009
quotequote all
If the debt is NOT disputed and above £750 you can issue a Statutory demand under the insolvency act, giving them 21 days in which to pay or a Winding up petition can be served (bankruptcy proceedings in the case of an individual)

If the debt is disputed you can still technically do the above but risk a huge legal bill from the other side.

Disputed debts need to be settled through either the county or high court, once a judgement has been granted you can proceed with the winding up petition although its not cheap and not guaranteed.

PM Me if you need a chat

JonRB

80,189 posts

303 months

Wednesday 1st April 2009
quotequote all
mas99 said:
I'm not an expert, but I dont think you can wind them up over a disputed debt.
You can't wind them up, but you can issue a Winding Up Petition. It's pretty drastic though.

Depending on the value and the nature the dispute, it's far better to go for a CCJ against them by using www.moneyclaim.gov.uk
"Money Claim Online (MCOL) is Her Majesty's Courts Service Internet based service for claimants and defendants."

Of course this doesn't enforce payment. But usually the threat of legal action is enough to get payment. And the beauty of MCOL is that if they fail to defend the allegation then you automatically win. And you can add your court costs onto the owed figure.

Note that it's only worth MCOL if it's an open & shut case. If there is dispute then it's harder to get the "quick kill" MCOL can give you.

SystemParanoia

Original Poster:

14,343 posts

229 months

Wednesday 1st April 2009
quotequote all
thats the trouble with door-to-door advertising, there will always be a dispute. they cant possibly watch every leaflet being posted and can only rely on the results. which naturally cannot be guaranteed, especially in the middle of a recession.

its quite literally my word against theirs, i know their trying to scam me, i should have seen it coming really.

hence me taking steps to protect myself against this in the future by buying a few of these
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

so the client CAN watch every single leaflet get delivered.



oh yeah, the outstanding amount is £427 ( they paid £200 upfront )

not much in the grand scheme of things, but enough to hurt pretty badly until some more jobs get completed.

Edited by SystemParanoia on Wednesday 1st April 17:07