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Recovering unpaid debt

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    Recovering unpaid debt

    In addition to being an IT contractor, I also run a freelance web design service with an ex-colleague of mine. Long story short we built a website for a local company who turned out to be a nightmare client and we ended up taking them to small claims court and obtaining a judgement for approximately £3,000 for unpaid work plus court costs.

    However, although we obtained the judgement in January we have yet to receive any money despite threatening to wind up his company. It turns out the owner is a real shady character and has already had to move premises due to not paying his rent - however, he owns lots of businesses and we're pretty sure has plenty of cash, he's just good at keeping hold of it by not paying people! (Oh for the gift of hindsight, we never would have done the job).

    So the question is what's the best way of getting some (I've abandoned hope of getting it all) of the money we are owed back. We've ruled out pretty much all enforcement options except these two but aren't sure which one is the best path to go down at this point:

    1) Transfer debt to High Court and get a High Court Enforcement Officer to turn up unannounced and seize assets to sell and recover some money that way. Costs £60 and it's possible that the threat of immediate seizure could make him pay up.

    2) Sell the debt to a recovery agency and be done with it. Research suggests we may only get 20-30% of the value at best, and I know nothing about the process or how long it would take, but in theory we just get a payment from the agency and can then forget about it and move on.

    So the question is, does anyone have experience of either of these and which one would you recommend? I'm pretty fed up with worrying about it but 3 grand is enough cash that I can't justify letting it go, not to mention the feeling that this complete ****** could get away with it and probably not for the first time.

    Have already spent nearly £300 in court fees so not mad about even spending another £60 if it's just throwing good money after bad, but if we could get even £500 back it would at least cover costs and go some way towards compensating us for the time and effort spent chasing the debt.

    #2
    I'd go with option 2. Give it to a recovery agency and let them deal with him. They will cause him far more grief than you ever will and you'll at least get something back and be able to forget about it.
    "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

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      #3
      Number 1 sounds like more fun. Get all of his office furniture sold off a £5 per item.

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        #4
        There is alway option 3 of course, round up a few big blokes with base ball bats and send them over to have a quiet word
        "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

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          #5
          Originally posted by DaveB View Post
          There is alway option 3 of course, round up a few big blokes with base ball bats and send them over to have a quiet word
          Trust me it has crossed my mind and I know plenty of people who would do it, but don't really want to head down that path!

          My biggest annoyance is with the crappy legal system in this country - why on Earth after getting a judgement is it so damn hard to get it paid! IMO a debtor should get 30 days to cough up or get chucked in jail, that'd soon sort out payment issues!!

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            #6
            Whats wrong with applying for and then going through with a winding up order?

            Completing the winding-up petition | Business Link

            In my limited experience that does tend to get their attention.

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              #7
              Originally posted by ASB View Post
              Whats wrong with applying for and then going through with a winding up order?

              Completing the winding-up petition | Business Link

              In my limited experience that does tend to get their attention.
              I've already sent a Statutory Demand letter which is the first step before winding up, and it just got ignored. The problem is that, unless I've been misinformed, actually winding him up could cost us about £700 in fees etc. and there's still no guarantee of getting paid in the event that he's happy to have the business wound up, and he's one of those people who would probably let it go and just set up another business under a different name the very next day...

              I suspect there are other preferential creditors who would get first dibs on any cash in the event of liquidation anyway so I can't see us benefiting from it aside from the satisfaction of shutting him down.

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                #8
                Originally posted by Willapp View Post
                I've already sent a Statutory Demand letter which is the first step before winding up, and it just got ignored. The problem is that, unless I've been misinformed, actually winding him up could cost us about £700 in fees etc. and there's still no guarantee of getting paid in the event that he's happy to have the business wound up, and he's one of those people who would probably let it go and just set up another business under a different name the very next day...

                I suspect there are other preferential creditors who would get first dibs on any cash in the event of liquidation anyway so I can't see us benefiting from it aside from the satisfaction of shutting him down.
                I can't remember the order, but I don't remember issuing a statutory demand. In any event I thought the unsatisfied judgement gave grounds.

                I can't remember the fees and court deposit etc, but overall when I did it some years ago the costs were limited - but it never got as far as court.

                If you are prepared to take the pragmatic view then you
                may well get the best yield by selling the judgement on.

                Good luck.

                Comment


                  #9
                  Originally posted by ASB View Post
                  I can't remember the fees and court deposit etc, but overall when I did it some years ago the costs were limited - but it never got as far as court.
                  I just checked here How to serve the petition - Business Link and it looks like the fee is actually £1,385 although apparently £1,165 of it is refunded if the petition is withdrawn (presumably if they pay up).

                  Unfortunately that's just way too much cash to risk so I think it will be easier to just sell the debt or go down the HCEO route.

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                    #10
                    I hope you have taken the site down ?

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