The story continues

[ASB]

Quite true. From the point of going the statutory demand route.

There are however 3 other ways.

[cojak]

There are however 3 other ways.

You tease you...

[Mustang]

Confusing messages

Interesting discussion folks but I think people are confusing the issues. I have filed a claim in the SCC for the interest. There is no mimimum to do this. There IS a minimum if I want to issue a winding up order - HOWEVER, I am not going down this route as I have received my initial capital! If I win and they don't pay the interest they will be issued with a CCJ (county court judgement) which will b*gger up their credit history and be filed at Companies House, etc etc.

As long as it doesn't cost me even more money or time I dont overly care. I just dont want them being able to say they WONT pay when a specific piece of law was introduced for EXACTLY this situation.

I will keep you informed of the outcome.

[Mustang]

Care to share?

ASB, let us in on the details........even if by PM!

[ASB]

Mustang,

I was just pointing out that what tim123 wrote was correct only within the context of the statutory demand route.

The link he posted earlier details quite clearly the 4 ways of causing wind up (through unpaid debt). Since you are going down the court route you could issue a petition if they don't pay, you send the bailiffs, the bailiffs don't satisfy the judgement. You have to go back to court to get the winding up order.

Should you get this far a small word of caution.

If they are genuinely in difficulties then the simple matter of having to publish the winding up petition tends to get all other creditors out of the woodwork. You willl have no preference over them.

[mcquiggd]

Enormous pointy toothed lizards, customs and excorcise, the inland mafia, and.... then.... well.... you are screwed basically....

[Mustang]

Brief update to celebrate a milestone!

This is my 100th post so thought it appropriate to give you an update on the current situation.

* All invoices have been paid in full but they were refusing to pay any interest since it "wasn't stated in the contract or agreed to in advance"

* A County Court claim has been made using the "small claims" route. The total claim was for just over £700.

* The company did not respond and a judgement has been made in my favour.

* The judgment is being sent out and I will wait until mid Jan (I am away until then!) to see if they pay.

* If no payment received I will consider my options - including sending the baliffs in.

Interesting process and very satisfying. I will name the company once I have received my money or the case is "fully" closed.

[ratewhore]

Well done Mustang. I did the same with AlexMann but they got their arse in gear finally and paid up before the court was involved.

Glad you ignored all the crap about forgetting about it. The legislation is there to be used in exactly this manner and I hope the company get royally f*cked-over.

Enjoy your christmas...

[Mustang]

Final post - end result

Just a quick update to let you know the outcome. IWON!!!

1) Client paid my outstanding invoices

2) Claim via small claims court was successuful and the Client now has a CCJ against them!!

3) I was awarded over £700 pounds in interest and costs and the client has now paid this.


I am soooooo pleased at the outcome! Yes, it did cost me some money in solicitors costs but I am still over £300 pounds "up" when taking into account all costs. It wasn't the money though it was the principle.

If anyone wants to know the Client, send me a PM. If you want to know more about the commercial interest act, also send me a PM.

Finally, dont be afraid to use your rights!!

[privateeye]

Congratulations - the fight is worth it in the end. As you say it is not just the money but the principle. When I won my case against an agency it was the fact that I showed everyone I was not willing to be bullied that meant more to me.