Agency won't pay

Broadly speaking that's what I though the difference was. In the case I'm chasing I have been paid a small amount against a debt with the promise of further payments (most previous promises having been broken). I don't think there is any possible contention to the debt since they have never queried it in 6 months (indeed accepted it on one occasion).

The statutory demand is now just waiting to go in, but I'll be holding fire for a month to see if a second payment arrives before doing so.

But why is that better than a statutory demand?

Service of a statutory demand is a means of establishing that a company is unable to pay its debts. If that can be established then the creditor can petition the court for the company to be wound up and its assets used to pay its creditors.

A statutory demand should only be used when there is no real dispute that the company owes the money. If it is used in a case where the company does or may genuinely dispute the debt then in any subsequent proceedings it will be likely to be held to be an abuse of the process of the court for the statutory demand to have been made.

Some creditors try to use a statutory demand as a quick means of obtaining payment of debt from a company, the idea being that the company may be sufficiently alarmed at the prospect that a winding up petition may follow the statutory demand that they pay up without further ado.

However there is a risk that if the company genuinely disputes (or says that it genuinely disputes) the debt, it may respond to the service of a statutory demand by applying for an injunction to restrain the creditor from advertising and presenting a winding-up petition and if the company can convince the court that it genuinely disputes the debt, then the creditor may be ordered to pay the costs of the application.

If this happens the creditor still has the option of making the claim in the ordinary way but even if he then wins, he will not recover the costs he has been ordered to pay in the injuction application.

John,

But why is that better than a statutory demand?

For an overview of the procedure, see here:
www.contractoruk.com/legal_advice/002145.html

First thing is, send the buggers a final demand and threaten to take things to the small claims court if you dont get payment within 7 days.

Once payment is not received after 7 days dont **** around anymore...get yourself down to the county court and start the ball rolling.

Once these f*ckers receive the paper work from the court they will quickly move to rectify their "admin" mistake.

Mailman

Agency won't pay

In my case I added on extra fees the longer the debt went on. The agent tried to offer the original amount on the court steps. We took that money and continued with the case to get fees interest etc. The court within seconds agreed our case for all interest and court costs.

Although the agent avoided payement of those fees for some two months after he soon realised by the continual visits of the baillifs I was sending round that the debt for fees court costs etc had doubled. To pay he had to have his car repossessed + a cash payment.

Bad debtors do what they do because they know the majority of people think it will cost too much to chase the debt so they don't chase. As far as I'm concerned treating me as a slave by not paying me will get a response. I won't get even I will win even if it meant driving up the costs so much they have to lose their house to pay.

I would recommend anyone who has an agent who doesn't pay to go get them - legally of course

Re: yes

Some companies seem to take as long as possible to pay, it's all part of their cash flow strategy, I'm afraid, so do not assume you wil not get it eventually. I'm still waiting for dosh for some work I did in Feb. I know from past experience the company will eventually pay.

Else there is small claims court, fairly straightforward I understand, ask atw's moustache. It regularly takes atw to court for compensation I gather. He sneezes into it and infringes its rights by giving it bubonic plague.

Re: yes

you're!

tim

P.S. I agree in principle, but if you should need to get as far as the court they will be likely to offer to pay you the principal on the court steps.

Then what do you do?

yes

but if your going to have to take them to court anyway you may as well add on as much extra as you can.

Re: non-payment fee

As I've said before on these matters, this is a waste of time as an a one-off non payment.

Adding on fees and interest etc, does not change a non payer into a payer (which is the required end result).

Yes, you have a right to them. But if, when they eventually pay the principal, they don't pay these fees (and they probably won't) are you going to sue them for it? Don't you have better things to do than going to court over a 100 quid principle.

Adding on fees/interest only works with a client with whom you have an ongoing relationship so that they learn not to **** you next time. I very much doubt that there's an ongoing relationship here.

tim

Don't forget

charge them a non-payment fee as well, i belive you can get away with up to £120 but i'd check before you give them a figure.

What are you payment terms? Are you still within these? Ask the client if they have paid the agent. Otherwise:

Step one, put the problem in writing.
Step two, if no answer write again and tell them unless no response, legal proceedings will follow.
Step three, issue legal proceedings through small claims courts.

And, no, I've never heard of 'em either.

Never heard of them ! Ring the client in Germany and find out if they have paid the agency and who their point of contact is !? It may prompt some action but if not, at the least cause a stink at the client so the agent won't get anymore work there.

Hello all,

I have a done project for COLLINGWOODINTL.COM and I am waiting for them to pay my invoice. I traveled to Germany and worked for 88 hours over two weeks.

Now they have my invoice and all of sudden there is never anyone to talk to or even confirm they have received my billing data.

What should I do?

I think I've been had...

Anyone know this firm.

Kind regards,
Vincent