Urgent help needed court or debt collector

eeeeen

I am Self employed, a company owes me considerable amount of money for the work I have done twenty K plus, dispite constant asking and meetings, nothing coming happening.
Sent a letter before action asking for all monies to be paid with in seven days, as usuall nothing heard so next step small claims court or debt collector. Which is the best way to go?
Thanks

eeeeen

No dispute at all,just not paying them! cash flow issue.

wealdroam

Small Claims Court limit is £10,000.
That rather narrows your choices.

Is the £20,000 all one debt or several?

Can it be split to get under the £10,000 limit?
I don't even know if that's allowed.

Have you seen MSE's Small Claims Court guide?

Might be worth looking at MCOL too.

Just to point out this is a Consumer Rights board and your issue sounds like a business-to-business arrangement.

arcon5

Due to the sum, any court action will cost considerably more than usual and carry much more risk as legal costs can be claimed.

Is it a limited company? I wonder if it would be cost effective to send them a statutory demand, threatening to apply to the courts to have the company wound up. The outlay would be about £1200 + legal fees (especially if they fight the order)... you'd be at front of queue for this to be reimbursed though (even in front of the OR office) - still doesn't guarantee you any money back though - depends on the status of the company

eeeeen

wealdroam wrote: »

Small Claims Court limit is £10,000.
That rather narrows your choices.

Is the £20,000 all one debt or several?

Can it be split to get under the £10,000 limit?
I don't even know if that's allowed.

Have you seen MSE's Small Claims Court guide?

Might be worth looking at MCOL too.

Just to point out this is a Consumer Rights board and your issue sounds like a business-to-business arrangement.

Having looked at hmcs (her majesty's court services) web site you can claim up to 100k just can't get mediation over 10k and obviously the charges go up depending on the amount
The debt is monthly invoices dating back May - October for services carried out
As for being in the wrong thread, wasn't sure what group to go under if this is not right please remove thread. Is there a business to business thread?

ValHaller

eeeeen wrote: »

As for being in the wrong thread, wasn't sure what group to go under if this is not right please remove thread. Is there a business to business thread?

The thread was what you started. Yes, in a sense it is in the wrong forum, because this is Consumer Rights, but essentially the whole site is Consumer oriented, although you could try the Charities and Small Businessforum http://forums.moneysavingexpert.com/forumdisplay.php?f=27

Hintza

I think you want to do as arcon5 suggests and seek to wind them up. Chasing them through the courts will just give them time to lose the assets, liquidate and possibly phoenix the company.

But.........

You need proper legal advice and try to figure out whether they have any assets and whether it is worth throwing good money after bad.

eeeeen

Sorry arron5 missed your post completely, yes it is a ltd company. Thought about winding up order but again not top of the List for payment and more expensive. Thinking that debt collectors may just prompt them as they have been paying other companies when they have been threatened this way. ( got inside info)
Thanks all for replies, will try and seek further legal advise today.

spacey2012

What kind of work, Building ?
Is This invoicing credit ?
That is where you give a firm credit in the form of goods and labour that you invoice for later ?
Did you credit check them or have any type of official contract in place for payment ?
It sounds like subby bashing ? no established business would allow a LTD company £20,000 in invoicing credit without some collateral or bank guarantees.
Explain more about the type of "work" how you got it, contracts etc and I will be able to offer you some advice.

If They are a LTD trading on invoicing credit, they will welcome a statutory demand as you will be paying to wind up a LTD company, thanks very much will be the response and you still wont get paid.

eeeeen

spacey2012 wrote: »

What kind of work, Building ?
Administration work and supplied temp workers
Is This invoicing credit ?
yes
That is where you give a firm credit in the form of goods and labour that you invoice for later ?
Did you credit check them or have any type of official contract in place for payment ?
No all verbal to be paid monthly

It sounds like subby bashing ? no established business would allow a LTD company £20,000 in invoicing credit without some collateral or bank guarantees.
Explain more about the type of "work" how you got it, contracts etc and I will be able to offer you some advice.

I am a one man band that supplied office services, was going to work full time on there books but because I had a small business already decided to go self employed. Just in sucked in on what turns out to be lies false promises and deceit. no contracts


If They are a LTD trading on invoicing credit, they will welcome a statutory demand as you will be paying to wind up a LTD company, thanks very much will be the response and you still wont get paid.

I feel They really don't want to be wound up as their debts are personal guaranteed

peachyprice

We've used a debt collector specialising in commercial debts before, he got us the majority of our money back, pretty quickly too.

I can PM you the company we used if you want.