Business - to - Business Letter Before Action

oz0707

When sending a letter before action to another business would I be right in assuming I should send it to the registered office address?

I ask because the business has recently (not a good sign I know) changed their registered address from their home to that of a sort of 'bulk' accountancy provider. Obviously found this out after doing a google search on the address.

Tactically i'm in two minds which is best. I could do 2 letters, 1 to reg office, 1 to prev reg office (home) and .pdf to email. They would definitely be aware then.
Another part of me says it might work in my favour to send to big faceless cheap accountancy firm, hope they find out as late a possible and be unprepared for any court action...

Savvy_Sue

oz0707 said: hope they find out as late a possible and be unprepared for any court action...

I'm no expert, but I'm not sure that's worth doing: they can probably ask for an adjournment, which I think would normally be granted. 

Personally I'd go for your option of sending to registered address, cc (ie make clear it is a COPY) to the previous registered address, and by email, 'as a courtesy'. Because what you want (presumably) is to make them realise that you are serious, so that they will pay up in preference to going to court. 

Is there any dispute that the money is owed? Is it a 'can't pay' or 'won't pay' situation, in your opinion?

Barry_Bear

Could be worth using a free debt recovery service first
https://www.firstreport.co.uk/Example-Free-Debt-Recovery.aspx 
May be worth credit checking them out in any case to see their financial status and then you can decide if it's worth spending time and money taking action if they don't have any assets to pay. 

oz0707

Thanks for the replies. Today was D day and no money appeared so off the letters went. Did 1 to reg office and 1 to home address, both signed for. 
Like you both allude to the money has got to be there to make it worth it. Recent filed accounts show 40k shareholders funds so for the relatively little time and money it will take I will go an All claims if don't get paid within notice period. 
The chap has a bit of a track record for operating like this. I got a couple of warnings but payments were regular for a start. I knocked it on the head as soon as first payment was missed. 

oz0707

*small claims 

Manxman_in_exile

Is "signed for" the best option?  Can't the defendant simply refuse to accept the notice and then you get into the argument as to whether it's been properly served or not.

Aplogies if I'm wrong, but I thought the best course of action was to send first class from a post office and get a certificate of posting.  The Interpretation Act then deems it delivered (and served) two working days later unless the defendant can prove they did not receive it.

This is why the police send (or should send) NIPs out first class because there is a presumption of service two days later.

jonesMUFCforever

oz0707 said:

Thanks for the replies. Today was D day and no money appeared so off the letters went. Did 1 to reg office and 1 to home address, both signed for. 
Like you both allude to the money has got to be there to make it worth it. Recent filed accounts show 40k shareholders funds so for the relatively little time and money it will take I will go an All claims if don't get paid within notice period. 
The chap has a bit of a track record for operating like this. I got a couple of warnings but payments were regular for a start. I knocked it on the head as soon as first payment was missed. 

' Recent filed accounts show 40k shareholders funds' - you know this means diddly squat don't you - think carefully before throwing more bad money after good? That money could easily have been transferred to company B with the intention of liquidating company A if a claim comes in - just saying.

TripleH

Agree, plus a lot could happen from the end of that year to the current day that could change the business.

oz0707

Well I received a payment in the last few days. Was for around 80% of the amount owed. All bar one invoice. I don't think the chap liked the letter before action. Spoke to them yesterday about the remaining balance. Emailed them an updated letter before action with the reduced amount owed and reduced court fees. They came back with an error strewn email claiming that I in fact owe them money to the tune of 3/4 of the payment recently made. Obviously based all on lies. They seem to have no knowledge of the pre action protocol and although I'm no expert at least I've done a bit of research. 
I think I will pursue them for the balance as the court fee has now also reduced and I think I have a pretty strong case. I suspect they may also try to file a case for their spurious claims but I would hope a judge would see it for what it is.
I would be wary dealing with one man bands in future or keep your terms as tight as possible. It is hard in the real world to balance these factors. 

oz0707

Also I'd agree,  signed for is not the best option this time of year. Will use the above method for the latest letter before action. 
Would I have to give them a new 14 day notice period?

oz0707

Proper claim submitted today after 14 period elapsed. Had option to give business email and phone on claim. Declined to do this. No response by defendant in 3 weeks may result in automatic judgement to myself. Also gave the official registered business address which I assume,  if, they are forwarding post is resulting in long delays. Could work out in my favour.