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Any help really appreciated here.
I am owed £3.5k for work delivered and clients really happy, by the person who contracted me to deliver for him.
I have a successful CCJ lodged in Scotland, another successful CCJ lodged in England (I was living in Scotland, debtor lives in England).
I have employed the services of a debt collection company in England who have a verbal phone record of admission of liability and also a statement about me trying whatever I want, he's not paying... Their next move is to sent bailiffs round...
What else can I do to get paid ? I am thinking about a social media embarrassment campaign (there are two of us unpaid as of now).
Any advice gratefully accepted..
(out to vent frustration on the trails... back later)..
Well, I reckon the bailiffs are going to be the way. If it's got that far I would assume they either won't pay or can't pay.
Get the CCJ moved to the high court and then enforced by court sheriffs - costs about £60 and the sheriffs can enter premises to remove goods and arrest anyone who gets in their way. There's a series about it on bbc1 at the moment - seems quite a good system and a lot more robust that bailiffs.
Can pay, debtor has a successful business offering psychometric assessments for corporate clients, still a very viable business and still trading..
[quote=rickmeister ]Can pay, debtor has a successful business offering psychometric assessments for corporate clients, still a very viable business and still trading..
That leaves reason 2 then, though having a successful business and having cash to pay bills are not the same thing. Though if it's got to this stage you may find a few interesting accounting practices to keep you away from the cash.
get the bailiffs in, but dont be surprised if the bailiffs say there is nothing of value to sieze.
You next steps after bailiffs are to secure a charge against an asset (like a house), and then force them to sell the asset to pay your debt, or initiate bankruptcy proceedings against them.All these routes are cheap and easy to do, they just require your time.
Its a long slow process, but in my experience you will get paid, it'll just take years (literally) to conclude if the other person is insistent on not paying you.
The CCJ will usually do the trick , but it will take time for them to realise the effect the ccj is having on their business , ie having a ccj means that most will not lend to them, but they may not realise this until they need to borrow some money, and its at that point that they will suddenly pay you.
I'm not a solicitor or legally trained but have some experience of this through work.
If he owns any property you can apply for a Charging Order on them. It's fairly quick and easy to do but you may have to attend court one or twice when the Interim Order is being made Final.You won't get any money though till he sells or remortgages, but you can charge 8% interest per year.
You could also apply for a Third Party Debt Order which I think works by sweeping the debtors bank account on a particular day and you get what's in it. So obviously you only do this if you know his bank details and when he's likely to have all your money in it.
Last option, Russian Roulette style, is to apply for a Bankruptcy Order. It costs a fair bit to do and you won't get anything out of it other than pushing him right to the limit to pay you or temporarily ruining him.
Unless he has vehicles that he owns and aren't financed on the drive I've found County Court Bailiffs to be pretty ineffectual at getting anything from a debtor. I've no experience of the Sheriff's.
Good luck!
Find out who he is doing work for get a third party debt order against them so they pay the money due to him to you instead.
We got a £5k CCJ and eviction order against a tenant last year. Sadly, they had no money and were living hand to mouth on benefits, so we just wrote it all off. It did smart a bit!
If they have assets issue a stat demand them no response after 21 days winding up petition if limited company or bankruptcy order if sole trader/partnership. Will be quite expensive but petition costs come first in distribution . You must be sure they have assets though.
Thanks folks, all good stuff. Appreciate the help.