Taking an old debt ...
 

MegaSack DRAW - This year's winner is user - rgwb
We will be in touch

[Closed] Taking an old debt to court?

5 Posts
5 Users
0 Reactions
89 Views
Posts: 12148
Free Member
Topic starter
 

I've just managed to track down a 'customer' that owes me a few thousand from two years back. Can I still have him in court?


 
Posted : 07/01/2010 10:14 am
Posts: 0
Free Member
 

probably, I think the cut off is six years?


 
Posted : 07/01/2010 10:15 am
Posts: 12
Free Member
 

I've just managed to track down a 'customer' that owes me a few thousand from two years back. Can I still have him in court?

Assuming as part of your contract with the customer you have not agreed to a shorter limitation period, then yes 6 years is the (usual) statutory limitation period for claims under contract.

Compile all information you need to demonstrate that he owes you the debt and that you have done all you can to mitigate the loss and then issue a letter before action requesting payment. Give the customer a reasonable time to pay up (7-14 days) and then issue proceedings in court.

If it's less than £5,000 you can go to the small claims court, and don't need legal representation. Higher, and you go up a "level", and prob do need a lawyer. Get one to advise you on a fixed fee basis.


 
Posted : 07/01/2010 10:28 am
Posts: 25875
Full Member
 

is he still trading as the same company ?


 
Posted : 07/01/2010 10:30 am
Posts: 12148
Free Member
Topic starter
 

No he isn't, he was a sole trader.
The original debt was 6.5K and he paid some off. The payments became smaller and smaller before he disapeared.
It's 1.8K from 2008, the original debt went back to 2006.


 
Posted : 07/01/2010 10:59 am
 bonj
Posts: 0
Free Member
 

prepare for the possibility that you might have to spend further money enforcing the debt even if a court order is made.
my brother had this problem against an ex landlord.


 
Posted : 07/01/2010 11:06 am