Customer owes £1,000 - what to do?

Savvy_Sue

I agree, Mr B seems as relaxed about you being paid as she does!

Savvy_Sue

rapido wrote: »

Okay well I rang him again and got:

"Hasn't she paid yet? Usually she sends a cheque at the 11th hour, I was hoping you'd've got a cheque in the past few days..... If I send the van and extra staff for removing goods, it's a lot of cost for us if she suddenly pays up when we arrive".

He also mentioned something about an "indemnity" which I didn't understand.

-rapido

an indemnity is when you agree to pay something if something else happens, I believe, so it may be that if they attend with that extra cost and she pays up, you have to pay more to the bailiffs so they are not left too much out of pocket. But I could be wrong, and I'd have said it was worth phoning back and asking him to explain.

Something I'm not clear about (because I've never been at either end of a bailiff's activity) is whether they are acting on YOUR behalf and on YOUR instructions, or on behalf of the court and on the court's instructions. You can see where I'm going with this ... if someone is acting on MY instructions, they attend at MY request and to MY timetable, not to THEIR convenience and in the hope that someone will pay up and save them the trouble.

System

If this lady is a serial offender as implied by the bailiff then it sounds as though they have a cosy little arrangement.

Bailiff won't chase too hard until lady tells him she has the money ready. Easy life for both but doesn't help the claimant.

Cynical? moi?

Savvy_Sue

!!!!!! wrote: »

Cynical? moi?

You and me both, !!!!!!, you and me both ...

Savvy_Sue

So, is he working to your instructions, or to the court's instructions?

Savvy_Sue

rapido wrote: »

Well my assumption was that he is working for the court, which in turn works for me (as I paid the court to send the bailiff)...? No?

-rapido

Search me ... my question boils down to "Can Rapido tell Mr B to get off his rear end and attend the premises, regardless of his inclination to give Ms A final chance after final chance? Or is it only the court who can do this? And if Rapido can, and this involves Mr B in additional costs of attending and seizing, is Rapido liable to contribute towards these or does it increase Ms A's debt?"

And I don't know the answer. I was hoping someone else would ...

But IIRC you were concerned that the debtor might be about to move house, making collection even more difficult.

My concern is how does Mr B know that Ms A isn't really at the end of her resources, and this time just CANNOT pay? Rather than her previous practice of just choosing NOT to pay until the last possible moment?

hippyadam

Get onto the court and speak to them, theyre generally very helpful.

Im sure if rapido explains the urgency they'll be able to get the bailiff to pull his finger out. But it's never really a quick process.

As for who is responsible for the fee's, its the debtor. But if she doesn't pay its rapido. However if the bailiff fails and rapido goes for the charging order, the fee's can be included in that claim.

Savvy_Sue

Right, so by my understanding of what hippyadam has just said, the 'indemnity' which Mr B talked about would be that if he attends with his mates and his van, thus incurring further expense, Rapido MIGHT be liable to pay those expenses if Ms A doesn't pay.

COOLTRIKERCHICK

i was going to say any extra bailiff charges would be taken out of the money that the items raise in auction, and if there is a shortfall, then you can go and claim more goods at a later date to cover the short fall,

so Rapido doesnt actually hand over any extra money, its taken out of the money that the good raise, surely when the bailiff was doing his infrantry of good to seize this is taken into consideration 'his costs' to be covered too.

I think this ms A is now on first name terms with the bailiff, i wouldnt be suprised if she make him a cuppa with posh choc biscwits too, and has a nice caht about their families:rotfl:

jdturk

rapido wrote: »

Well I rang to-day and the bailiff told me that she paid cash on Monday! And that I would get a cheque from the court during the first week of April.

I almost find it hard to believe... I will celebrate once I get the cheque...!

-rapido

Nice! Congrats