debt collection for business

Associate
Joined
9 Apr 2009
Posts
718
Do you have a postal address?

IF you do then what you should do is issue a letter before action advising the client they have 14 days to pay the amount outstanding in full before the debt is passed to a debt collection agency.

There are template letters for that sort of thing online if you google.

If they don't respond then engage a debt collection agency. There are lots of them around - again google them. They will charge for their services - normally around 10% of the debt. If they don't succeed they can help you with engaging a solicitor to take the debtor to court. If you win the case the debtor will be liable for the debt and your costs and bailiffs can be instructed.

This is completely pointless. Just send a final warning giving them 14 days to respond and take it through the courts yourself. This way you're not paying out needlessly.

Once through the courts, you will either be given a payment offer or judgment will be issued against the debtor and you can either ask for an attachment of earnings or a charging order.
 
Soldato
Joined
8 Nov 2006
Posts
6,914
Location
Ireland/Northern Ireland Border
This is completely pointless. Just send a final warning giving them 14 days to respond and take it through the courts yourself. This way you're not paying out needlessly.

Once through the courts, you will either be given a payment offer or judgment will be issued against the debtor and you can either ask for an attachment of earnings or a charging order.

OP can't go through the small claims court. If OP takes the debtor to court and processes the claim himself he will be liable for the other sides costs if he loses. This can occur over a simple procedural error, these errors are normally overlooked in the small claims court.

If he takes the debtor to court and the debtor has gone away or has no funds then he faces the risk of having to pay his legal costs himself.

The point here is that for a debt that is just over the small claims threshold incurring legal costs is something to avoid if possible.

OP - can you clarify if the debt is with a limited company or an individual?
 
Last edited:
Associate
Joined
9 Apr 2009
Posts
718
OP can't go through the small claims court. If OP takes the debtor to court and processes the claim himself he will be liable for the other sides costs if he loses. This can occur over a simple procedural error, these errors are normally overlooked in the small claims court.

If he takes the debtor to court and the debtor has gone away or has no funds then he faces the risk of having to pay his legal costs himself.

The point here is that for a debt that is just over the small claims threshold incurring legal costs is something to avoid if possible.

OP - can you clarify if the debt is with a limited company or an individual?

So instead of swallowing the £200.00 in case of the debt being unrecoverable, you suggest handing over a 10% commission to a debt recovery agency plus any other fees (court fees, tracing fees, administration fees) they themselves will add on top to do exactly the same thing? Makes sense.

P.S. If you can't get through the process of requesting a judgment and any subsequent actions without making a "procedural error", I would wonder how you've managed to have someone owe you £7000 in the first place. Reading isn't very hard.
 
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