Reply to: collecting three yrs old debt

[Taita]

Have you ever actually thought about making some suggestions or offering a solution in your posts?

No. I just seek clarification and better understanding.

There are plenty here, who just like you, are omniscient and can make suggestions or offer solutions.

The double standards, gullibility, self-righteousness and unending self-deceipt of some posters are amusing diversions which I enjoy enormously.

I do hope I do not offend by occasionally taking a very small place on your vast stage. However, if you really do own the theatre, please say so and I shall make my exit.

[northernladuk]

Something about this does not hold water. Elsewhere in this post someone correctly states the debt was owed by the brolly but the OP says his GF was awarded judgement by a tribunal

If the umbrella "sold" their "debts" to the GF, how exactly does that work? The brolly owes her the money and sells her the privilege of collecting the money???? Something KittyCattish about this

Have you ever actually thought about making some suggestions or offering a solution in your posts?

[Taita]

Thanks everyone for your comments.

@Gentile , umbrella sold their debts to my gf , looks like it was in their terms and conditions.

Something about this does not hold water. Elsewhere in this post someone correctly states the debt was owed by the brolly but the OP says his GF was awarded judgement by a tribunal

If the umbrella "sold" their "debts" to the GF, how exactly does that work? The brolly owes her the money and sells her the privilege of collecting the money???? Something KittyCattish about this

[Gentile]

Thanks everyone for your comments.

@Gentile , umbrella sold their debts to my gf , looks like it was in their terms and conditions.

Shocking. If anything, if I were in her position I'd be tempted to take the Brolly to an Employment Tribunal, on account of including an unfair clause in a contract with a private individual. She's technically an employee of the Brolly, and has certain rights that come with that, including the right to get paid whether or not her employer does. Even if the her employer were to become insolvent, the Insolvency Fund would step in and cover the cost. What are Brollies doing for their money?

[ross]

Thanks everyone for your comments.

@Gentile , umbrella sold their debts to my gf , looks like it was in their terms and conditions.

[Gentile]

Just to cut the story short, my GF was a contractor (Umbrella -> Agent -> client) three years back, in a five months gig she did't receive payment (£9500) for last two months),looks like client paid agent but agent did't pay umbrella and disappeared (i.e. not answering calls or email),meanwhile umbrella told they will sell their client debt to us and sent us a document.

With that document my gf appealed in employment tribunal and got the judgement favour of her. (Agent did’t turn up). We sent copy of judgement to his address and nothing happened after that. Still agent is active and running business. I like to

1) Collect the debt - is it still possible after 3 yrs? had a chat with few debt collectors, is that an only way or high court enforcement?

2) Make a formal complaint and stop him running business?

Any help is much appreciated.

I've never worked through a Brolly myself, so I may be missing a fundamental point here, but doesn't the debt belong to the Umbrella company and not your GF in that case? She didn't receive payment for work that she did from the Brolly, not from the client or the agent. Her contract wasn't with them - it was with the Brolly. What on earth are the Brolly doing for their cut if they're not managing situations like this and taking on the burden of chasing debt with any defaulting third parties?

[Safe Collections]

There is no limitation period for judgement debt - assuming this is a CCJ. It will disappear off the credit file after 6 years, but can be enforced until the entity (person or company) pays up, dies or goes bankrupt.

That is quite simply not correct.

After six years the Judgment is removed from the County Court Register and becomes unenforceable.

[High Court Enforcement]

High Court Enforcement is another matter. You will be expected to pay a small fee in advance normally around the £150 mark (note if you get a quote any higher than this run for the hills as you are being ripped off).

Almost all High Court Enforcement Officers transfer up your judgment to obtain a Writ of Fi Fa for free. Anybody charging is probably a very small operation that might not have the coverage and will probably farm it out to one of the bigger companies in the market.

The 5 largest HCEOs are:

Marston Group
HCE Group
The Sheriffs Office
Andrew Wilson & Co
Sherforce

You can find a wealth of information with tips and hints to successful enforcement here: http://http://www.thesheriffsoffice....t_enforcement/

If you do decide to go down the debt collection route it is worth remembering that they will take a percentage of your debt as their fees. High Court Enforcement Officers add there fees to the debt so if they are successful you get your full debt, your court costs and interest at 8% per annum.

However, many creditors will use debt collection prior to obtaining a judgment and going for enforcement. The choice is yours.

Good luck.

[centurian]

The good news is you are still well within the statute for collection

There is no limitation period for judgement debt - assuming this is a CCJ. It will disappear off the credit file after 6 years, but can be enforced until the entity (person or company) pays up, dies or goes bankrupt.

[Old Greg]

There was a thread on here recently which said that forcing reversal of dividends is hard to do, probably nigh impossible in practice.

Worth reporting them anyway, especially if vengeance is what you want.

[Moscow Mule]

Contractor, Employment Tribunal how does that compute?

Um-brell-a

[Taita]

Just to cut the story short, my GF was a contractor (Umbrella -> Agent -> client) three years back, in a five months gig she did't receive payment (£9500) for last two months),looks like client paid agent but agent did't pay umbrella and disappeared (i.e. not answering calls or email),meanwhile umbrella told they will sell their client debt to us and sent us a document.

With that document my gf appealed in employment tribunal and got the judgement favour of her. (Agent did’t turn up). We sent copy of judgement to his address and nothing happened after that. Still agent is active and running business. I like to

1) Collect the debt - is it still possible after 3 yrs? had a chat with few debt collectors, is that an only way or high court enforcement?

2) Make a formal complaint and stop him running business?

Any help is much appreciated.

Contractor, Employment Tribunal how does that compute?

[Platypus]

But if that is the case, is that not an illegal dividend, as dividends are taken from profits? Will reporting him to HMRC on this basis help?

There was a thread on here recently which said that forcing reversal of dividends is hard to do, probably nigh impossible in practice.

[Old Greg]

Don't be misled by end of year accts. That may well have been the sum left after he took your 9500 as dividends!! It will no doubt be a different story now.

But if that is the case, is that not an illegal dividend, as dividends are taken from profits? Will reporting him to HMRC on this basis help?

[tractor]

...

Thanks for your reply.

He is still trading under same name.After i got hold of him on phone and he said " do i owe you money? thats news to me , leave it with me , i will talk to my accounts team and come back to you in two days" .I sent all documents again in email nothing happend.obviosuly he wont pay me.

he is just a one man recruitment company and i checked his details in company house ,he never closed that company and filed tax returns properly.above all he just got 90 pounds in bank!

Don't be misled by end of year accts. That may well have been the sum left after he took your 9500 as dividends!! It will no doubt be a different story now.