Almost got my money!!
Almost got my money!!
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gtr-gaz

Original Poster:

5,284 posts

277 months

Sunday 27th January 2008
quotequote all
First post on this forum (I think) smile

Bit of background info:
I have been a self employed plumber (industrial and commercial) for about 25 years now. Normally the companies I work for are pretty good, although it can take a couple of months to get paid but I accept that.

I recently (last summer) did some work for a company who have been around for many years.
Total invoice costs about £14k. 75% of that was materials and sub contractors so, I had to shell out a fair bit of money up front.
I was chasing them up for money in Sept/October and getting nowhere. They kept telling me they did not have the money to pay, but I would get every penny they owed very soon. This went on for weeks.
In November I decided to call in a debt collecting firm, (from PH btw smile) They have been very persistent in doing everything legally possible, and yesterday I received four cheques from the company concerned. One dated a few days ago, the others dated end of Feb, March and April. I just hope they stay afloat until the cheques all clear!!!

I am almost certain that I am the only creditor who has received any payment in the last 3 months, so I would like to thank the debt collecting firm publicly, if I'm allowed to do so?

So thanks! smile


Edited by gtr-gaz on Sunday 27th January 18:26

Deva Link

26,934 posts

276 months

Sunday 27th January 2008
quotequote all
I thought post dating a cheque was meaningless - you can just pay it in and it will be honoured (subject to the company having funds to cover it, of course)?

restoman

1,013 posts

239 months

Sunday 27th January 2008
quotequote all
Deva Link said:
I thought post dating a cheque was meaningless - you can just pay it in and it will be honoured (subject to the company having funds to cover it, of course)?
Banks don't like customers writing out post dated cheques. Why? Because they don't physically check every single cheque presented for payment so it is likely to go straight through the system unnoticed and be paid (if funds are available) without question. They are generally only made aware when the drawer of the cheque phones up to complain that they have paid the cheque and shouldn't have done. The bank will then usually say 'tough, you shouldn't write post dated cheques, so it's your fault'. However, in banking law it is the bank that is in the wrong - just don't expect them to admit it.

Edited by restoman on Sunday 27th January 19:05

Deva Link

26,934 posts

276 months

Sunday 27th January 2008
quotequote all
restoman said:
However, in banking law it is the bank that is in the wrong - just don't expect them to admit it.
Hmm..I think in banking "law" a cheque has to be paid on first presentation regardless of whether it is before the date written.

restoman

1,013 posts

239 months

Sunday 27th January 2008
quotequote all
Deva Link said:
restoman said:
However, in banking law it is the bank that is in the wrong - just don't expect them to admit it.
Hmm..I think in banking "law" a cheque has to be paid on first presentation regardless of whether it is before the date written.
I beg to differ smile

jamesuk28

2,176 posts

284 months

Sunday 27th January 2008
quotequote all
Nothing technically wrong with post dating cheques, as long as they are presented on or after the cheque date. To be fair to GTR-GAZ, we are the debt collection company he refers to , and thanks for the kind comments.

The Debtor in question is a real **** it has taken a lot of pressure and legal know how to even get them this far. I am quietly confident that all the cheques will clear and we would have recovered our clients funds. The reason the debtor has issued post dated cheques is to show goodwill, because they have been given a serious ultimatum that if our client is not paid we will wind the company up and a lot more besides. There is a lot of additional background to this case, that neither I nor GTR-GAZ wish to make public, save to say this is a real result.

ipsg.glf

1,590 posts

249 months

Sunday 27th January 2008
quotequote all
jamesuk28

Do you deal with cases that, perhaps, aren't clear cut? I took some kit onto a clients site (with their knowldge) and due to a mis-communication / mis-understanding on their part, tkey skipped it.

They are stating that they want original invoices for the kit, a statement to say that the kit belonged to my company, a photograph of the kit in situ and a whole bunch of other stuff.

I have an email from them stting that they will pay the cost of replacement but they've now changed their mind. Not sure of the best way to proceed.

john_p

7,073 posts

281 months

Sunday 27th January 2008
quotequote all
Good luck!

I'm dealing with a client who has ignored my request for payment for a few months now.. always claiming some upstream client owes them a big lump, and I'll get paid as soon as they receive it.. the day after receiving my "pay in 7 days or else" letter he texts me "We're going to put the company in administration but we can pay you £500 as a goodwill gesture from XYZ Ltd.. can you fix our server as it's broken"

Where 'XYZ Ltd' is a similarly named company to his currently trading entity.. :argh:

I'm about done with dealing with small businesses to be honest! That's about six that I know of that are doing the phoenix shambles that's directly or indirectly affected me. If I run my own business for the next 40 years I vow to never do that to some other poor soul.

jamesuk28

2,176 posts

284 months

Monday 28th January 2008
quotequote all
ipsg.glf said:
jamesuk28

Do you deal with cases that, perhaps, aren't clear cut? I took some kit onto a clients site (with their knowldge) and due to a mis-communication / mis-understanding on their part, tkey skipped it.

They are stating that they want original invoices for the kit, a statement to say that the kit belonged to my company, a photograph of the kit in situ and a whole bunch of other stuff.

I have an email from them stting that they will pay the cost of replacement but they've now changed their mind. Not sure of the best way to proceed.
Hi, yep slightly tricky one. The company in question are quite rightly asking for proof of your claim, however their request for a photo of the kit in situ is clearly unreasonable (unless you go round photographing this type of thing on a regular basis)

Feel free to email me and we can always see what we can do. We operate a "No collection no fee policy"

James

As to the other poster I believe you have already emailed me, and a response is on its way.


Simpo Two

92,999 posts

296 months

Monday 28th January 2008
quotequote all
john_p said:
I'm about done with dealing with small businesses to be honest!
They're not all bad - I work from hom yet all my suppliers get paid on time and have been ever since I started in 1991. If they're very needy (struggling freelancer) or have done an exceptional job I may even pay early. Only gits like BT and other faceless corporations can wait a bit smile

gtr-gaz

Original Poster:

5,284 posts

277 months

Saturday 5th April 2008
quotequote all
An update.
The first two cheques cleared, no problem. The third, which we were able to bank on the 28th March bounced last week.
My wife, who is a school secretary, has informed me that the fact that it has been re-presented to the bank and not sent straight back to us, gives us a ray of hope.

Is this normal procedure?

We have received half our total monies owed, which is more than I expected before bringing in the debt collectors, so I'm happier than I was before Xmas!

btw, I've never had a cheque bounce before!

mogul

15,400 posts

281 months

Saturday 5th April 2008
quotequote all
gtr-gaz said:
An update.
The first two cheques cleared, no problem. The third, which we were able to bank on the 28th March bounced last week.
My wife, who is a school secretary, has informed me that the fact that it has been re-presented to the bank and not sent straight back to us, gives us a ray of hope.

Is this normal procedure?

We have received half our total monies owed, which is more than I expected before bringing in the debt collectors, so I'm happier than I was before Xmas!

btw, I've never had a cheque bounce before!
If it was marked RDPR (refer to drawer please represent) that means the bank are expecting funds at some stage and the cheque 'should' clear although there is no guarantee that it will.

If if was marked as RD (refer to drawer) it means they are not expecting funds and you can kiss your money goodbye.

Seems like there may still be hope yes

edited for spelling!

Edited by mogul on Saturday 5th April 19:49

T_Pot

2,542 posts

228 months

Saturday 5th April 2008
quotequote all
who did you use? i have a deby owing to me for a few years now, even a ccj didnt make them pay up, its getting beyond a joke

pies

13,116 posts

287 months

Saturday 5th April 2008
quotequote all
T_Pot said:
who did you use? i have a deby owing to me for a few years now, even a ccj didnt make them pay up, its getting beyond a joke
read 6th post

jamesuk28

2,176 posts

284 months

Saturday 5th April 2008
quotequote all
gtr-gaz said:
An update.
The first two cheques cleared, no problem. The third, which we were able to bank on the 28th March bounced last week.
My wife, who is a school secretary, has informed me that the fact that it has been re-presented to the bank and not sent straight back to us, gives us a ray of hope.

Is this normal procedure?

We have received half our total monies owed, which is more than I expected before bringing in the debt collectors, so I'm happier than I was before Xmas!

btw, I've never had a cheque bounce before!
Gary, slightly cross with you that you did not contact me about this sooner. I did make clear that if you have any problem whatesoever regarding these cheques, that you should speak to me and we will swing back into action.

Please email me direct or through the site http://www.geminidebtrecovery.com

I need to know which account the cheques were from, ie a personal account or business account. If a business account they have just committed an offence.

Needless to say our aim is to recover ALL the funds not just what you may be happy to accept, so please email me ASAP.

Cheers Gary,

James

T_Pot

2,542 posts

228 months

Saturday 5th April 2008
quotequote all
thanks, have spoken with james via e mail, and im very impressed with his service so far. 10pm at night, and he is more than helpful and happy to help.

I have some hope now, thanks to james and ph again

gtr-gaz

Original Poster:

5,284 posts

277 months

Sunday 6th April 2008
quotequote all
jamesuk28 said:
gtr-gaz said:
An update.
The first two cheques cleared, no problem. The third, which we were able to bank on the 28th March bounced last week.
My wife, who is a school secretary, has informed me that the fact that it has been re-presented to the bank and not sent straight back to us, gives us a ray of hope.

Is this normal procedure?

We have received half our total monies owed, which is more than I expected before bringing in the debt collectors, so I'm happier than I was before Xmas!

btw, I've never had a cheque bounce before!
Gary, slightly cross with you that you did not contact me about this sooner. I did make clear that if you have any problem whatesoever regarding these cheques, that you should speak to me and we will swing back into action.

Please email me direct or through the site http://www.geminidebtrecovery.com

I need to know which account the cheques were from, ie a personal account or business account. If a business account they have just committed an offence.

Needless to say our aim is to recover ALL the funds not just what you may be happy to accept, so please email me ASAP.

Cheers Gary,

James
Thanks James. As we were not able to bank the cheque until the 28th, which was a friday, it was not until last Thursday that we received a letter from our bank.
As my wife said (and just been verified by Mogul) funds must be expected to cover the cheque, otherwise it would have been sent straight back to us!

If the cheque still does not clear, I will email you smile

btw, it was a company business cheque.

gtr-gaz

Original Poster:

5,284 posts

277 months

Sunday 6th April 2008
quotequote all
T_Pot said:
thanks, have spoken with james via e mail, and im very impressed with his service so far. 10pm at night, and he is more than helpful and happy to help.

I have some hope now, thanks to james and ph again
I think the man is permanently plugged into his pc winksmile

jamesuk28

2,176 posts

284 months

Sunday 6th April 2008
quotequote all
Ok Gary, keep us informed please, fingers crossed its just a glitch.

James

lambogenie

794 posts

233 months

Monday 7th April 2008
quotequote all
this should be a warning to those who offer clients credit.

We ended up in near liquidation a couple of years back due to bad debtors, we have to pay our subcontractors and expenditure and when people don't pay its usually the directors who foot the bill. last year we decided we had had enough of people who thought it acceptable to use services and not pay for them, we sat down with our bank commercial finance department and our accountants and formulated a proper credit control procedure including standard credit arrangements and contracts, debt collection and bad debt provision insurance. The reduction in bad debt has been the equivelent of getting another 25 percent in sales. we spend less time chasing bad debt and because we properly formalise our credit with clients they cannot claim they didn't know, we also do a good job now of formally credit checking new clients and setting credit limits to ensure we don't take on business from bad payers.

given the current credit climate i think its wise to ensure you aren't exposed to these kind of losses, the old fashioned "gentlemens" payment agreements are so rarely honoured these days then i think the only way small businesses can survive is using proper credit control.