Anyone ever made a court claim for unpaid bills?

[xoggoth]

My case is in respect of a small business, not actually contractor related, but thought maybe some of you lot have made a court claim for unpaid invoices and know how it goes.

https://www.gov.uk/make-court-claim-...ney/court-fees

Normally we write off fairly small amounts but in this case a wholesaler owes us over £1700. We have sent polite reminders with all the details but getting no response.

I've had a look at various things on Google, but some actual experiences might be helpful.

[eek]

As with all these things pass it to Debt Collection and Debt Recovery from Safe Collections (safe-collections.com)

[northernladuk]

Not for unpaid bills but I used the small claims process recently and had my hour in court. Pretty straightforward but the process is very slow. You will have to engage in mediation as part of the process. A guy will ring you, discuss what you are willing to do, ring them, come back to you with their response, ring them again until you can't agree in which case he will sign off no mediation agreed. Details of the mediation will not be part of the case.

I seem remember it's about 300 quid to file it and a court fee of 500 so worth pointing out that the £1700 will be plus court costs, plus non billing for attending court and some more for your time spent. They can either settle or face 1700+800+500+500(ish) - £3500.

Happy to provide more details of the steps if you need be but it's pretty straight forward and well documented.

Highly unlikely it will get that far and the link from Eek is the standard way but if you want to throw in some threads of small claims and an estimated figure you'll be chasing it could wake them up. May people threat to sue which makes them look like fools but knowing a bit about the process and showing you've researched it certainly takes it to the next level. The threat of interest tends to do the job first.

[luxCon]

You can make a small claims through courts

First make a final demand for exactly how much and exactly why, Tell them its must be paid within say 10 working days, else I will take you to the County Court. Search for pre legal action protocols

Make sure they are still in business first otherwise you lose all your costs as well as the debt.

Then failing settlement, go to https://www.moneyclaim.gov.uk/web/mcol/claim/home, and submit a claim, there are 2 sets of costs, Initial claim, and hearing costs. You get them back if you win.

If you claim as an individual, the defendant must come to your local court. But if you claim as a business you must go to their local court. That can make a big difference .

As mentioned, its very slow and may take one whole year. But very often the debtor will settle once they receive the court papers.


Despite comment above, you do not have to enter mediation. You could tick the NO box to that and save yourself 6 weeks. It does not affect your hearing.

You need to create and provide a particulars of the claims, stating exactly what and why is owed, provide all solid evidence. There are template for this .

Once you start, follow the process.

[NowPermOutsideUK]

Not for unpaid bills but I used the small claims process recently and had my hour in court. Pretty straightforward but the process is very slow. You will have to engage in mediation as part of the process. A guy will ring you, discuss what you are willing to do, ring them, come back to you with their response, ring them again until you can't agree in which case he will sign off no mediation agreed. Details of the mediation will not be part of the case.

I seem remember it's about 300 quid to file it and a court fee of 500 so worth pointing out that the £1700 will be plus court costs, plus non billing for attending court and some more for your time spent. They can either settle or face 1700+800+500+500(ish) - £3500.

Happy to provide more details of the steps if you need be but it's pretty straight forward and well documented.

Highly unlikely it will get that far and the link from Eek is the standard way but if you want to throw in some threads of small claims and an estimated figure you'll be chasing it could wake them up. May people threat to sue which makes them look like fools but knowing a bit about the process and showing you've researched it certainly takes it to the next level. The threat of interest tends to do the job first.

Hi can you provide details on who pays the £1700 fee? It is the claimant who pays it in full correct? The defendant does not pay until they have a judgement made against them

[xoggoth]

Cheers all, some useful stuff. Hope I don't have to bother with it all. They have had quite large o/s before but eventually always got round to paying it, why we kept supplying them.

[xoggoth]

Eeeee. Seems like they've gone into liquidation - that changes things. Someone from the company that's taken over is going to engage with us tho.

[Lance]

Eeeee. Seems like they've gone into liquidation - that changes things. Someone from the company that's taken over is going to engage with us tho.

the liquidator perchance?

IPSE does have some benefits here. As do the FSB.