Small Claims Court and being self employed

Brassedoff

Why waste any further time mucking about with threatening county court, the OP will not get her debtors into court anytime before September. I have served several on company's. it gets their attention firstly, secondly it brings them to the table.

You either !!!!!foot around or you don't, if I were owed that sort of money, they would get a 21 ay letter, 14 day, 7 day intention of winding up, the 286 (1)(a).

As I said, I have served several over the years and in each case it brought them to the table.

As for your answer, I don't know where the OP is, but it would e the court local to her that can accept such petitions. Secondly, her own details.

If in doubt, pay for a solicitor. go on these boards and be prepared to get real knowledge, wannabes, or make it up's. Some people simply do not know what they are saying,

The OP needs to take a decent look at the advice getting these two in front of a DJ will costs her £2K easily.

"MCOL for the £8K debt is NOT £25"! the fee is £210' the Allocation Questionnaire £220

The £4K one is £100, plus the £220.

Then start piling up her Freelance hours filling the forms, getting the correct documents, then filing.

When they respond that her product was sub-standard, then she has a court battle.

On the other hand, if she has sent letters chasing the debt, not had a response, then a 286 will either get an offer, or, get them paying. She has already said she thinks they have no defence as they have said they are happy.

Wywth

Brassedoff wrote: »

Why waste any further time mucking about with threatening county court, the OP will not get her debtors into court anytime before September. I have served several on company's. it gets their attention firstly, secondly it brings them to the table.

You either !!!!!foot around or you don't, if I were owed that sort of money, they would get a 21 ay letter, 14 day, 7 day intention of winding up, the 286 (1)(a).

As I said, I have served several over the years and in each case it brought them to the table.

As for your answer, I don't know where the OP is, but it would e the court local to her that can accept such petitions. Secondly, her own details.

If in doubt, pay for a solicitor. go on these boards and be prepared to get real knowledge, wannabes, or make it up's. Some people simply do not know what they are saying,

The OP needs to take a decent look at the advice getting these two in front of a DJ will costs her £2K easily.

"MCOL for the £8K debt is NOT £25"! the fee is £210' the Allocation Questionnaire £220

The £4K one is £100, plus the £220.

Then start piling up her Freelance hours filling the forms, getting the correct documents, then filing.

When they respond that her product was sub-standard, then she has a court battle.

On the other hand, if she has sent letters chasing the debt, not had a response, then a 286 will either get an offer, or, get them paying. She has already said she thinks they have no defence as they have said they are happy.

:huh:

What if the defendant contacts the person mentioned in Part B to dispute the debt? :huh:

Following the small claims route (after checking the defendant can pay, LBAs, etc) is the correct way forward in this instance. Court costs are added to the value of such a claim
(There should be no reason to incur allocation questionaire fees if the defendant admits to the claim)

Issuing a county court summons should never be considered "!!!!!footing around"

There is no need to involve a solicitor and their high legal costs - that is what the small claims court is designed for (and hence why action in the smalls claim court does not usually allow for recompense of such legal charges)

Brassedoff

Ok, I accept what you are saying, but as the creditor the process can be very long. If and its a big if, they accept the claim, then fine, but I suppose we will all have to wait and see if they suddenly dislike the work done etc, as a defence.

Wywth

Brassedoff wrote: »

Ok, I accept what you are saying, but as the creditor the process can be very long. If and its a big if, they accept the claim, then fine, but I suppose we will all have to wait and see if they suddenly dislike the work done etc, as a defence.

In my experience, and assuming no extraordinary complications, it typically takes about 3-4 months from issue of summons to court hearing, assuming it does progress that far. The hearing, again assuming no extraordinary complications, typically takes 15-30 minutes.

If the OP were to follow your advice, and for the 3rd time of asking, what if the defendant contacts the person mentioned in Part B to dispute the debt? :huh:

Brassedoff

Wywth wrote: »

In my experience, and assuming no extraordinary complications, it typically takes about 3-4 months from issue of summons to court hearing, assuming it does progress that far. The hearing, again assuming no extraordinary complications, typically takes 15-30 minutes.

If the OP were to follow your advice, and for the 3rd time of asking, what if the defendant contacts the person mentioned in Part B to dispute the debt? :huh:

The OP says sit down with me or pay the £1100 to apply to set it aside.

You have one point of view. In this instance I disagree. If I were the OP I would go down this route. Anyone can say they dispute the debt.

And please, theres no need for childish behaviour with the emicons. This is supposed to be the business forum. I do not know whether you work for someone else, Google your answers, own a cornershop or are a Solicitor. And reverse. but I have been in the business world for over 25 years dealing with stsrt-ups, turn-arounds, pre-packs, roll-overs and strsight forward liwuidations.

I dont know why you cannot just accept I have given a different version to you. Send me a small claims form and I will be a year at least before you get me in court and even then I will ensure I will have thousands paid by you via costs order on the basis that I don't believe a Freelancer could pay my Barristers Fee in the event of losing. Once we have gone through thst and I have managed convince the court that the work was substandard. produced a few letters from other companies stating i had been overcharged and the work is not that good, then ask for a Four week stsy to put in a part 3.15 with an offer to settle.

Of course my offer will be stupid, so the next hearing with the same judge is 4-6 weeks away. We go through the same process, then another stay with a part 3.15 for another offer council. Offer rejected, 4-6 weeks again, notice to strike out, then stay on the basis of holiday or wife's ill health (as its a third party and she's unconnected no proof is needed). Now we are a year down the coda and you till don't have the money.

I am just saying, I have has to sue several people, I would drop to my knees and kiss your feet if I ever had a case go as smooth as you suggest.

As far as the Stat demand, consider this, and I only ask you to see what I am saying (surely we can agree to disagree?)

I know the Courts don't like them as a method of Debt Recovery, but the OP has letters of acceptsnce and the efficiency of Statutory Demands is undeniable when used properly.

I know its not easy to go down the insolvency route, or that is quick, easy and immediately fruitful to make someone or company bankrupt. I know the procedures must be followed, but when they are the threat of being made bankrupt is sometimes greater than the end result.

You know you issue a Statutory Demand to the person/company that owes you money before you can even consider applying for their bankruptcy. But you use this to your advantage.

The OP's debt exceeds £750, there can be no argument that it is due and payable, and no security for it has already been given.

The form itself is reasonably user friendly but it must be filled in correctly, and full details of the debt including how it arose clearly set out. The Court does not serve (or issue) a Statutory Demand, that is the Creditor’s responsibility, but as it will go against the OP later if the content is wrong.

You will also know that there is no statutory requirement to personally serve a Statutory Demand. But i would deliver it by hand, or get done by another who the does a Witness Statement to that effect as proof of personal service will be required by the Court. If she puts it in the post and they know they can deny recieving it, they will know she cannot take their insolvency any further and may simply ignore it.

Once served the Debtor has 18 days to apply to set the Statutory Demand aside, or 21 days to pay the debt. If they do neither, only then can a Petition for their Bankruptcy be issued. Setting one aside costs money. It is cheaper to talk to the OP and get a written agreement that she will not pursue it if they agree to arbitration. It gets them to the table in three weeks and at a lot less cost.

That said, if a Debtor simply refuses to pay a debt which is undisputedly due, Statutory Demands work. The mere threat of personal insolvency still strikes fear into the heart of most people. Many professionals, such as solicitors and accountants, can not practise their careers if they are bankrupt. In cash strapped times, when she who shouts loudest gets paid first, service of a Statutory Demand is the highest decibel level of debt recovery. If you need to strong arm money you are owed out of a Debtor, and you know they can find the cash, Statutory Demands should be your first weapon of choice.

And that's not just me saying it, check for yourself instead of stamping your feet at me. She has documents saying there is no problem with the work. Thst knocks the part B objection out. It gets them to the table.

Or tell me how many times have you taken someone to court, if so, have how many within your set timeframe? I know how many I have had to do. It's an occupational hazard of dealing with people who run up big debts and think because their idea did not work, they don't have to pay for the advertising, websites, domain and servers, vehicles, office space, phones etc, etc, etc.

p.s (sorry if there's any typos it far too late, I'm off to bed)