Debt recovery - any recommendations?

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Debt recovery - any recommendations?

12 posts & 8 voices | Started 7 months ago by boriselbrus | Latest reply from HoratioHufnagel

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boriselbrus - Member

In spring last year I worked for a Sole trader gardener for around 7 weeks. He's only paid me a very small amount of what he owes me. He happily admits he owes me the money but just won't give it to me.

I got a CCJ against him at the beginning of the year and he gave me another small cheque which cleared after being presented twice. Two other cheques for the full amount have been returned - one for the signatures not matching and the other one was stopped but he denies that he stopped it.

He's now stopped taking my phone calls and doesn't answer the door when I go round. He lives about 40 minutes away so it's not really convenient to go too often.

Has anyone used any debt recovery companies and if so did you get a result? I am happy to pay a fee as at this point it's as much the principle as the money.

Cheers

Boris

Posted 7 months ago #
wwaswas - Member

I am happy to pay a fee

I think if you get someone to enforce a CCJ they can add their fee to what he pays so you don't lose out.

I'd talk to citizens advice.

Posted 7 months ago #
sharkbait - Member

What sort of amount are you talking about? I've had two people not pay bills; one or £12k which was never paid as she went bankrupt and the other for £8k which was eventually paid after 2 years.
My experience is that you can do pretty much all you want, but if the guy doesn't want to pay you then there's not much you can do more than what you've already done.
Hopefully someone will come along with a good suggestion.

Posted 7 months ago #
Liftman - Member

Size 11 boots, kick door in, own with bombers

Posted 7 months ago #
FunkyDunc - Member

As Sharkbait suggests, you might be lucky to get any back, and you may just have to write it off. Speak to your accountant.

Posted 7 months ago #
joemarshall - Member

Is it more than 600 quid?

If so, you can get high court enforcement on them. I recently had to do this after I was ripped off by a local second hand car garage. Took about a week from them getting the paperwork from me, to a group of very persuasive gentlemen going round to Derby Car Centre with a debit card machine. They paid up immediately, as the alternative would be to have their stuff taken to auction.

Total cost was 120 quid, but if they get the money back you get that too, plus court costs and interest! Plus the debtor has to pay their fees, so must have cost Derby Car Centre the best part of 3 grand refusing a refund on a car costing less than 2 grand. Ouch.

You are risking that they actually have no money or assets, in which case you might lose 120 quid.

We used a company called 'the sheriffs office' for our enforcement, and can definitely recommend them, great on the phone when I was sorting out the paperwork for them, and extremely quick to do the enforcement.

If you go this way, don't mention it to the debtor or warn them in any way, don't have any contact with them once you instruct enforcement, this makes it harder for them to slow things down.

I wouldn't bother with county court bailiffs by the way, unless less than 600£, they don't have anywhere near as many powers as high court enforcement, and the high court guys are paid based on debts recovered, so have an incentive to be effective. The high court guys can even break into commercial premises to recover things etc.

Oh, all assuming you're in England or Wales, subtly different in Scotland I think.

Posted 7 months ago #
joemarshall - Member

Oh, one other option if you have acheque from him (and hence have his bank details) , is to apply for a charge on his bank account, although that only works if the account has enough money in, personally I'd instruct high court enforcement if I thought he might own assets worth anything near what I was owed.

Posted 7 months ago #
boriselbrus - Member

It's only £1250, and whilst the money would be very useful(!), I'm not giving up to him out of principle.

Liftman - I like your style, but at the moment the law is on my side and it's probably best to keep it that way...

Posted 7 months ago #
joemarshall - Member

Oh, and one other comment in hindsight, after my recent experience, any time I get a ccj against someone in the future, the day the judgment comes through, I'll hand it over to professional enforcement, if someone has been pissing you around enough for it to go to court, they no longer deserve further time wasting opportunities.

It depends on the cash involved, but in my case I risked 120 quid in fees, and got 2500 back (including court costs, enforcement costs, cost of my holding onto the car etc.)

Posted 7 months ago #
boriselbrus - Member

Thanks joemarshall - exactly what I wanted to hear. He does have assets if not much cash so he "can" pay me, just doesn't want to...

Posted 7 months ago #
Bushwacked - Member

You could always talk to the CSA (Credit Services Assoc) http://www.csa-uk.com/ as they are the trade body for DCA's and see what/who they recommend.

There is no doubt an agency out there that will help you enforce the CCJ or get the money back using another means. It may cost you a commission but if you want it back then it should be worth it. You've done the hard bit of getting the CCJ against them.

Posted 7 months ago #
HoratioHufnagel - Member

http://www.howtotakesomeonetocourt.info/joomla/enforcing-the-judgement.html

before getting the bailiffs in you can force them to reveal their financial details.

I was in a similar situation and just ordered the bailiffs. They couldn't collect the money, but it scared them enough to pay up.

If they are writing cheques and deliberately cancelling them before you can cash them, thats actually an additional offence of fraud.

Posted 7 months ago #

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