Dept collection help

masm50

Hi everyone,

I have been working as a web developer for some time, and have luckily never had to go down this road before, but now I'm owed £3,200 by a client who has promised and failed to pay on so many occasions over the past 6 months that I'm having to go down this route.

Essentially, I'm owed £3,200, and have a county court judgement saying so that was completely uncontested, and yet still the debtor will not pay up.

This has been going on far too long now and it I am launching a new startup so the money would be really useful at this point.

What are my options?
How do debt collectors work?
Is there some way to just sell the debt, so I get a good portion of that money (obviously the collectors take a good rate/fee) and leave it all to them?

Oh, and if anyone has any recommendations for collectors - I'm in London, but the non-paying client is in Northamptonshire.

Thanks for any pointers!

paddyrg

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Any help?

masm50

Thanks for the reply.

Yeah, I've read that, but I'm confused as the difference between using bailiffs and using a debt collection agency and when to use either - benefits/costs/etc.

Thanks!

gb12345

masm50 wrote: »

Thanks for the reply.

Yeah, I've read that, but I'm confused as the difference between using bailiffs and using a debt collection agency and when to use either - benefits/costs/etc.

Thanks!

The main difference is that a bailiff has the power of the court behind them and can seize goods. A debt collector has no power and at most could write a few letters, phone them up or attend the property (and probably get told to F off).

I don't suppose you still have access to the control panel/FTP account do you?;)

masm50

Oh, interesting - thanks!

I do absolutely still have access to the server, but I really don;t want a fight, I just want to be paid for the work done

Buzby

Since Bailiffs will cost you you need to be really sure the debtor has the funds and is simply not paying you. If they have no funds, then you'll just be wasting more of you hard earned.

Can you identify any assets he owns, or know where he banks? Without this, a bailiff will be hard pressed to recover anything.

paddyrg

Personally in would look at nobbling the website to amplify your position. Nothing nasty, but something like 'the £3200 figure contains a cost of £30/month for web hosting, add this hasn't been paid, I cannot provide your ongoing hosting, so have/will chopped the site' (or similar if true). At do you have terms of business they agreed stating that all ip remains your property and is only transferred on payment of the bill? Again a way to threaten to shut it down. The site is either worth something, or isn't, your call.

But yes, identify some assets they own that you can send a bailiff after.

paulofessex

After watching the program The Sherrifs (BBC) l would perhaps be looking at how to transfer the debt to the High Court to obtain a writ it l believe the cost is £60
High Court Sherrifs have more powers than bailiffs. May be worth checking out BBC iplayer to see them in action. Or see here

YEOVILGOM

As you have the CCJ you are in a better position to consider issuing winding up the company.

Can you PM me the name of the company and I will check them out and see whether it is worth throwing more money at this!

Brassedoff

Do not go down the route of winding the company up, not unless you have the £5,000 to do it!!! And even if you thought of doing that, you still may not get your money back if they have other creditors.

I would, if you have a county court judgement, go only down the route of High Court Enforcement Office (Sheriffs). They have far more powers than that of certified bailiffs.

Any CCJ for over £600 (including costs) may be transferred to the High Court for enforcement, the exception being if it is a judgement arising from a regulated agreement under the Consumer Credit Act.(something on HP etc)

The resulting High Court Writ of Fieri Facias commands the High Court Enforcement Officer (HCEO) to execute against the debtor's goods, chattels and other property as method of enforcement.

Go back to the court, ask for form N293A, they will help you fill it out (just asks for your name, court order number, details of debtor. You will them get an order for a writ of FiFa. Important, do make sure you have the correct address of the judgement debtor. A High Court Enforcement Office (HCEO) enforces at the address you provide. If a sole trader, put the address they trade at and their home address. If limited company, do it at the trading premises and not the registered office!

Do it today, its easy, honest, they can be there as early as tomorrow.

They have shattering powers. You will find they will walk in to the place that owes you money and seize the world and his uncle.

In my experience it is the quickest way of getting your money back.

http://thesheriffsoffice.com/

masm50

Thanks for all the advice everyone!

@Buzby - Is there some way I can check? The guy drives a reasonable car and has a new iPhone and iPad so I guess he has the funds, but I don't know for sure.

@PaddyRG - The website (more of a web service really, thus the price) was built for an individual looking to build it into a company. After finishing up the website the client decides they don;t want to launch that business any more. He then thinks that because he's moved on I shouldn't be paid. So whilst I still have access to the site server, I can't really use it as leverage.

@paulofessex - thanks for the tip!

@YEOVILGOM - Thanks - PM'ed

@Brassedoff - I'll look into the High Court, thanks for the detailed info!