Winding up proceedings against a client
Discussion
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?
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?
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
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
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.
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.
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
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