Might be a daft question re small claims
Discussion
fridaypassion said:
Unlikely they are a very well established and successful business. Not sure why we are having difficulty but I'm sure some court papers will sharpen them up.
We had to resort to that with a large food manufacturer. They paid up sharpish and surprisingly we are still working with them. You could play telephone patacake with them for a bit and try to swap 'fobbed off' with 'why exactly have you not paid my bill?' and try to get some commitment.
If that doesn't work and you don't mind losing them as a customer, then consider starting the process. You can't go from unpaid invoice to summons, you have to give them adequate notice (eg a letter sent 'signed for' with a copy invoice and requesting payment within 14 days or you will 'regrettably' commence legal proceedings). If no money on day 14, issue summons - google 'moneyclaim online' and follow the instructions. They will either defend ('the job was crap so we're not paying'), or pay the bill, or do nothing and get a CCJ.
If that doesn't work and you don't mind losing them as a customer, then consider starting the process. You can't go from unpaid invoice to summons, you have to give them adequate notice (eg a letter sent 'signed for' with a copy invoice and requesting payment within 14 days or you will 'regrettably' commence legal proceedings). If no money on day 14, issue summons - google 'moneyclaim online' and follow the instructions. They will either defend ('the job was crap so we're not paying'), or pay the bill, or do nothing and get a CCJ.
I use the online court thing all the time for this purpose.
I don't go to anywhere near the lengths of sending a 14 days signed-for letter with copies of all the invoice and never once (out of perhaps 400 cases) has this caused in issue.
I simply send an email entitled "final notice" and put the salient information into the email and give them 7 days.
A solicitor might consider this slightly improper, but in the real world, they know they owe you the money and are simply not paying so what is the point in going to all that effort.
I don't go to anywhere near the lengths of sending a 14 days signed-for letter with copies of all the invoice and never once (out of perhaps 400 cases) has this caused in issue.
I simply send an email entitled "final notice" and put the salient information into the email and give them 7 days.
A solicitor might consider this slightly improper, but in the real world, they know they owe you the money and are simply not paying so what is the point in going to all that effort.
Doing this tomorrow once again. This time for twelve grand. 120 days & counting from a well financed business. I am fed up to the back teeth with late payers. I currently have over £50k beyond 60 days in my business and that is with a capable, full time credit controller.
Now I take no new work on over 45 days. There's plenty out there, I don't need the stress.
Now I take no new work on over 45 days. There's plenty out there, I don't need the stress.
blindswelledrat said:
I don't go to anywhere near the lengths of sending a 14 days signed-for letter with copies of all the invoice and never once (out of perhaps 400 cases) has this caused in issue.
I simply send an email entitled "final notice" and put the salient information into the email and give them 7 days.
The only advantage is one of effect/perceived seriousnes. As for effort, generally the harder you fight the better your chances of winning. I simply send an email entitled "final notice" and put the salient information into the email and give them 7 days.
Mr Overheads said:
to chase via court then HCEO Bailiffs etc.
Yes, he's just in range of the High Court (IIRC it starts at £650) but that's a final step not a first one.Like a game of chess, you never know what's going to happen until you start
Slipperyfish said:
Doing this tomorrow once again. This time for twelve grand. 120 days & counting from a well financed business. I am fed up to the back teeth with late payers. I currently have over £50k beyond 60 days in my business and that is with a capable, full time credit controller.
Now I take no new work on over 45 days. There's plenty out there, I don't need the stress.
For that sort of money, if they are Ltd Co, I'd send them notification of intention to petition the winding up of the company.Now I take no new work on over 45 days. There's plenty out there, I don't need the stress.
Frightens the crap out of them, and it's very easy to do
- 1 You're entitled to a statutory late payment charge and interest. See www.payontime.co.uk for more info on this.
- 2 Issue a invoice for the late payment charge and invoice to date, and specify the daily interest accruing. Send to the client.
- 3 Touch base, confirm they have received the late payment invoice. Enquire as to when payment will be forthcoming.
- 4 Send a 14-day notice before action that if no payment is received then small claims court action will be issued.
- 5 Use www.moneyclaim.gov.uk to claim for the Invoice, Late Payment Invoice, and Interest at a daily rate.
- 6 Sit back, wait for the fireworks, see if they file a defence.
- 7 (Upon obtaining a judgement) Transfer up to High Court for enforcement.
Gassing Station | Business | Top of Page | What's New | My Stuff