Money claim

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Discussion

Canute

Original Poster:

566 posts

68 months

Wednesday 11th December 2019
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Hi

I have a customer who looks to be going awol on me.

There are 5 outstanding invoices on their account.

I'm about to start a money claim process off, with the initial letter that I need to send. Should I write the same letter for each invoice and apply the statutory collection fee + interest to each individual invoice and then send these off individually? So 5 separate claims with their respective interest charges + fees added?

Thanks


Simpo Two

85,394 posts

265 months

Wednesday 11th December 2019
quotequote all
If they're all significantly overdue and normal polite recovery avenues have failed, I'd lump them all together. You need to give notice of impending legal action I believe.

Canute

Original Poster:

566 posts

68 months

Thursday 12th December 2019
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Thanks

I'm not sure if I have done this correctly but I have sent a kind 7 day letter with warning of impending legal action and itemised the potential added costs, Hopefully that inspires them to get with it.

It's sad companies have to be like this, especially at this time of year.


Simpo Two

85,394 posts

265 months

Friday 13th December 2019
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It would be nice, but they will probably think you're bluffing. So you have to follow through. You can get a small claims summons in before Christmas and they can read it over their turkey. And you can enjoy getting the ball out of your court for a bit.

DSLiverpool

14,740 posts

202 months

Saturday 14th December 2019
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Send a £10 letter before action fully online at Higgins debt recovery.

Gallons Per Mile

1,887 posts

107 months

Saturday 14th December 2019
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Mrs GPM is having a similar situation. Lots of invoices outstanding for a significant amount of money, especially for her first year in business. If they'd been paid the business would've paid all of its costs and given her a wage too frown She uses an accounting company who have legal services which she subscribes to. They're apparently dealing with it and the company in question are saying they'll pay £1k a month starting in Jan. I'm preparing to be underwhelmed, like all the other times they've promised to pay but haven't. Really, she should be charging all the interest and other fees stipulated in her contract which they signed, but she just wants the invoice amount. We'll see....

OP, I feel your pain! Hope you get the money you're owed.

DSLiverpool

14,740 posts

202 months

Saturday 14th December 2019
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Tyre Tread

10,534 posts

216 months

Saturday 14th December 2019
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If you are issuing the letter before claim may I suggest that you send 2 copies. One by recorded delivery and one by first class post but ask for a proof of posting at the post office. In fact I would also send copies to the business trading address and the registered address if different.

This ensures that one will definitely be delivered (first class) and the other, if signed for will provide absolute proof.

Include the evidence of posting in your bundle of documents so that if/when you get to the Court case the defendant doesn't do the "I didn't get the information" argument.


I am in the process of setting up a Credit Control and collections consultancy having spent 40 years in this area of work and fed up seeing good hard working people having their businesses ruined by slow and non payers.

Simpo Two

85,394 posts

265 months

Saturday 14th December 2019
quotequote all
Gallons Per Mile said:
Invoice amount.
Presume she is badgering Accounts Payable within a week of it becoming overdue? Some people hate asking for money.

Gallons Per Mile

1,887 posts

107 months

Saturday 14th December 2019
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Simpo Two said:
Gallons Per Mile said:
Invoice amount.
Presume she is badgering Accounts Payable within a week of it becoming overdue? Some people hate asking for money.
Yep. No problems asking for money. Multiple meetings being fobbed off by directors of the company to her face. She actually ceased working for them even though they asked her to carry on as they were really happy with the training she was providing. We decided between us that after three months of no payment she shouldn't waste the time... The work was being planned on a month ahead basis so she completed one month and declined any future work unless they wanted to pay her! Contracts now include a deposit payment upfront to make sure at least some cash comes in if there are suddenly payment problems... We're learning the hard way biggrin

Simpo Two

85,394 posts

265 months

Saturday 14th December 2019
quotequote all
Gallons Per Mile said:
Multiple meetings being fobbed off by directors of the company to her face.
Right, nail them.

Tyre Tread said:
Include the evidence of posting in your bundle of documents so that if/when you get to the Court case the defendant doesn't do the "I didn't get the information" argument.
That's very good advice. From now on OP you must assume that it will end up in court. Courts work on evidence and proof, so keep copies/records of everything so the defendant has no loopholes. They might pay up before it goes to court, but if not, and if they defend, their first line might be 'We are not paying the bill because the work was no good' or similar. It will be false and hurtful but be ready for it and have answers for it.

anonymous-user

54 months

Sunday 15th December 2019
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Gallons Per Mile said:
even though they asked her to carry on as they were really happy with the training she was providing.
Hopefully this was by email so that you have proof should it go to court that the company was happy with her work?

Gallons Per Mile

1,887 posts

107 months

Sunday 15th December 2019
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Simpo Two said:
Gallons Per Mile said:
Multiple meetings being fobbed off by directors of the company to her face.
Right, nail them.
I'm not really sure how. We need to see if they're going to pay in January first surely?

Andy20vt said:
Gallons Per Mile said:
even though they asked her to carry on as they were really happy with the training she was providing.
Hopefully this was by email so that you have proof should it go to court that the company was happy with her work?
I think she'll have emails to that effect but I'll need to check.



Sorry OP for hi-jacking your thread a bit... tell me to bog off and start my own thread if you want smile

Simpo Two

85,394 posts

265 months

Sunday 15th December 2019
quotequote all
Gallons Per Mile said:
Simpo Two said:
Gallons Per Mile said:
Multiple meetings being fobbed off by directors of the company to her face.
Right, nail them.
I'm not really sure how. We need to see if they're going to pay in January first surely?
Sorry, I got confused with the OP's post and the fact they'd had the 7 day letter.

So when was your invoice due for payment?

Gallons Per Mile

1,887 posts

107 months

Monday 16th December 2019
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Simpo Two said:
Gallons Per Mile said:
Simpo Two said:
Gallons Per Mile said:
Multiple meetings being fobbed off by directors of the company to her face.
Right, nail them.
I'm not really sure how. We need to see if they're going to pay in January first surely?
Sorry, I got confused with the OP's post and the fact they'd had the 7 day letter.

So when was your invoice due for payment?
Invoices have been due since about April... I can't remember if she invoiced each day's work individually or lumped them together by week. I can find out all the fine detail if needed, we put it on the back burner with child number one appearing in September, but have been checking up with the accountant's legal people that they were making progress. The outcome of which is a payment plan supposedly starting in January.

Simpo Two

85,394 posts

265 months

Tuesday 17th December 2019
quotequote all
Gallons Per Mile said:
Invoices have been due since about April... I can't remember if she invoiced each day's work individually or lumped them together by week. I can find out all the fine detail if needed, we put it on the back burner with child number one appearing in September, but have been checking up with the accountant's legal people that they were making progress. The outcome of which is a payment plan supposedly starting in January.
April, blimey. What contingency does the payment plan have for non-payment in January?

And why are you paying an accountant to pay legal people? That sounds like a few K gone for starters...

Gallons Per Mile

1,887 posts

107 months

Tuesday 17th December 2019
quotequote all
Simpo Two said:
April, blimey. What contingency does the payment plan have for non-payment in January?

And why are you paying an accountant to pay legal people? That sounds like a few K gone for starters...
Don't know to the first question!

We pay a package price to an accountants which includes some sort of legal help along with an invoicing system and other things that my other half wanted to make things easier in her first year of business. For what we pay we seem to get a reasonable deal I think. Its around £130 a month. Nothing extra has been paid for them to contact the non-paying business and set up meetings with one of their legal reps in the room too and sort out the paper work. Sorry if I'm being rather vague, I've not been dealing with it all first hand as my other half is the sole director of the business. I'm happily employed so have zero hassle being paid smile Again, I can get the details if there's a better way to make them pay!

Simpo Two

85,394 posts

265 months

Tuesday 17th December 2019
quotequote all
Gallons Per Mile said:
We pay a package price to an accountants which includes some sort of legal help along with an invoicing system and other things that my other half wanted to make things easier in her first year of business. For what we pay we seem to get a reasonable deal I think. Its around £130 a month. Nothing extra has been paid for them to contact the non-paying business and set up meetings with one of their legal reps in the room too and sort out the paper work. Sorry if I'm being rather vague, I've not been dealing with it all first hand as my other half is the sole director of the business. I'm happily employed so have zero hassle being paid smile Again, I can get the details if there's a better way to make them pay!
Wow, £1,560 a year. Well. I just hope she gets her moneysworth. The problem as I see it is one of motivation - the accountants are already being paid whether they do anything extra or not, or whether they get the money or not (unless they're on a percentage). So I would expect 'nothing' to result, and anything else is a bonus. When I was trading I didn't carry passengers!

anonymous-user

54 months

Tuesday 17th December 2019
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Gallons Per Mile said:
Invoices have been due since about April... I can't remember if she invoiced each day's work individually or lumped them together by week. I can find out all the fine detail if needed, we put it on the back burner with child number one appearing in September, but have been checking up with the accountant's legal people that they were making progress. The outcome of which is a payment plan supposedly starting in January.
Statutory demand might speed things up

https://www.gov.uk/statutory-demands

Tyre Tread

10,534 posts

216 months

Tuesday 17th December 2019
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JPJPJP said:
Statutory demand might speed things up

https://www.gov.uk/statutory-demands
Risky strategy and likely a waste of money.