Debit Recovery Agency ?

[nish]

Hi All,

I am in a such a dilemma this month and very upset too. I have done a web design job for a client in the uk and he didn't pay the final invoice (£750) and cut me-off from FTP access and made a backup of the website.

He has given me various reasons to stretch this payment and now finally not paying at all.

I have send him reminders via email many times since Dec and got all correspondence in my inbox.

I am uncertain what's the best way to recover this money, any advise or is there a good debt recovery agency in this forum?

Please help
Nish

 

[webteameu]

Hi there Nish,

Sorry to hear that.

Try a company called Euler Hermes Collections . Google it. Give them a call and have a chat.

Did you have agreement signed by both yourself and the client?

webteameu

 

[Bri]

Theres a member on here Steve White of Thornbury Collections, he's pretty good, trys to resolve amicably without going to court.

 

[sarah844]

How/why, if he hadnt paid in full, did he ever have FTP login to this website to be able to do a back up and change the passwords? Surely you didn load it onto his own hosting before you got it approved, signed off and paid up?

 

Theres a member on here Steve White of Thornbury Collections, he's pretty good, trys to resolve amicably without going to court.

I have to agree with Bri on this, contact Steve. If you want some background info on the company then please feel free to PM me the company name and i will do a little research.....see if he has done this to other etc and got court proceedings against him such as CCJs etc

 

[nish]

Thanks for all your replies. We didn't sign a contract with this client and it's a individual not a company. Does it make more difficult? The server space belong to the client as he had his previous website and we did put it on their server in good faith.

Reason for not paying;

1st this client said out of the country and will be back by end of Jan
now he says there are still bits to do and wouldn't tell me what exactly
and he is simply avoiding payments.

Thanks again.

 

[bwglaw]

We can assist with the recovery of sums owed and also write to the debtor to demand that he cease and desist from use of the website of which all copyright belongs to you.

 

Thanks for all your replies. We didn't sign a contract with this client and it's a individual not a company. Does it make more difficult? The server space belong to the client as he had his previous website and we did put it on their server in good faith.

Thanks again.

Without sounding harsh........what do you want us to say? :|

We all make wrong judgements from time to time and have to learn by them.

Chances of seeing your money again? I'd say none without creating lots more expense.

As said before contact Steve at Thornbury Collections and see if he can help.

 

[webteameu]

Nish, not having a signed agreement between you makes it a lot hard from you mate. You may have to take this one on the chin and learn from it.

www.webteameu.com

 

[bwglaw]

Has the client made a deposit or part-payment?

 

[nish]

yes, 50% down payment taken

 

[bwglaw]

yes, 50% down payment taken

...then in the absence of a written agreement you need to approach the debtor with care and for this reason I do not think instructing a debt recovery agent is the best move as there are likely to be some legal issues that only a lawyer can deal with.

As with any debt recovery/disputes, particularly with disputes of this kind you need to move pro-actively to show your determination to the debtor that you are prepared to pursue and enforce your legal rights. Using a debt recovery agent, does in some cases, alert the debtor and gove the same to be more elusive by the time you reach Court.

I recommend a letter from a lawyer setting down the basis of the claim (including other issues such as copyright) and give the debtor 7 days to pay, if no response or unsatisfactory response, proceed to Court and at least get judgment to secure the debt.

We can assist with this if you email us direct

 

[termsandconditions]

I have done a web design job for a client in the uk and he didn't pay the final invoice (£750) ...

I am uncertain what's the best way to recover this money, any advise or is there a good debt recovery agency in this forum?

Nish

Would like to throw our hat into the ring too; EC Credit Control can help you collect this. PM me for more details if you are so inclined.

Best Regards

 

[iwgraphics]

I would advise dont go to a debt agency for £750. they will take a big chunk and may even ask you to pay up front.

If you believe 100% that the company does not dispute your work, then the quickest and cheapest way for you to get paid is to serve a Statutory Demand on them.

You can download this form free from teh internet. Tehre are 2 versions, make sure you get the one that is for a company (not for an individual).

Fill it out, post it them, and they have 18 days to pay up or state theri reasons for you otherwise they risk being wound up.

Only do the above if you are sure they dont have any complaint against your work, as its not for disputed debts and you might otherwise risk costs.

 

[iwgraphics]

We can assist with the recovery of sums owed and also write to the debtor to demand that he cease and desist from use of the website of which all copyright belongs to you.

Surely, the copyright ownership would depend on the agreement the parties had?

 

[iwgraphics]

sorry, in your next post you said the debtor is an individual. in which case if you decide to serve a Statutory Demand, use the version for an individual.

its a very serious looking form, costs nothing (apart from the postage stamp you sent it with), and the debtor risks bankruptcy if they dont pay an undisputed debt.

 

[toddle2u]

costs nothing (apart from the postage stamp you sent it with), and the debtor risks bankruptcy if they dont pay an undisputed debt.

For a Stat Demand to be served on an individual it needs to be properly servedd by a process server

 

For a Stat Demand to be served on an individual it needs to be properly servedd by a process server

Agreed.

A Stat Demand is not the route to go down whatsoever, yes it is a frightening looking form but the debtor is going to do some research as soon as they recieve it, realise that it is a bluffing technique. This is why so many people fail in collecting debts.

 

[iwgraphics]

I disagree.

If the person is serious about their business, they would not take the risk that its a bluff. LEAST of all you would get a full reply from them as to why they are not paying. In my experience,a payment arrives quite soon for an undisputed debt where the other person does have the money.

There is no need to have a process server. If you decide to proceed next with bankruptcy petition (and then you would need a lawyer), you can swear a statement on oath, affidavit, that you sent it. See here:
http://www.netlawman.co.uk/info/statutory-demand.php

But I dont think it will get to that. You will either get paid, or you will get a reply stating why he is not paying you.

Generally, I'm surprised that so many people on this forum appear to want people to incur costs (usually by offerinn their own services) when with a bit of time and research, small business people strapped for cash in this climate anyway, can do a lot of routine work themselves, and there are many resources on the internet to assist with that free.

There is no point, on a small £750 debt, of spending £3-400 on debt colllection agents, lawyers etc. Its not feasible.

As I said, the suggestion I have given you will cost you nothing but a postage stamp so you have nothing to lose in trying it first, before accepting the offers of debt collectors and lawyers.

 

I disagree.

If the person is serious about their business, they would not take the risk that its a bluff. LEAST of all you would get a full reply from them as to why they are not paying. In my experience,a payment arrives quite soon for an undisputed debt where the other person does have the money.

There is no need to have a process server. If you decide to proceed next with bankruptcy petition (and then you would need a lawyer), you can swear a statement on oath, affidavit, that you sent it. See here:
http://www.netlawman.co.uk/info/statutory-demand.php

But I dont think it will get to that. You will either get paid, or you will get a reply stating why he is not paying you.

Generally, I'm surprised that so many people on this forum appear to want people to incur costs (usually by offerinn their own services) when with a bit of time and research, small business people strapped for cash in this climate anyway, can do a lot of routine work themselves, and there are many resources on the internet to assist with that free.

There is no point, on a small £750 debt, of spending £3-400 on debt colllection agents, lawyers etc. Its not feasible.

As I said, the suggestion I have given you will cost you nothing but a postage stamp so you have nothing to lose in trying it first, before accepting the offers of debt collectors and lawyers.

The internet is why so many people fail at debt collection and everyone knows an expert down the pub or a friend of a friend who has done it

I also hope your comment about wanting people to incur costs wasn't aimed at me.....that is not my style and on here i offer advice to people for free.

A Stat Demand is a powerful tool and should be used correctly therefore i stand by my judgment that it shouldn't be used in this case. The debtor in this case will know that the OP wouldn't follow it through as it isn't worth it for the amount of the debt. Also reduce the debt to £749 and it becomes invalid.

 

[iwgraphics]

hi lucy,

i think http://www.netlawman.co.uk/info/statutory-demand.php is quite an authoritative source.

if you read what they say about Stat Demands, and I read it after my post, it more or less says the same as me.

lets see what the OP decides is best for them anyway.

 

hi lucy,

i think http://www.netlawman.co.uk/info/statutory-demand.php is quite an authoritative source.

if you read what they say about Stat Demands, and I read it after my post, it more or less says the same as me.

lets see what the OP decides is best for them anyway.

I have read it and it says on the section about when to use it, that it should be considered for debts of more than £5000

 

[CourierCompare]

In the future make sure you put the website on your own staging server and only transfer once payment is recieved in full, and ensure you use ioncube even when loaded onto the customer site.

 

[termsandconditions]

I disagree.

Generally, I'm surprised that so many people on this forum appear to want people to incur costs (usually by offerinn their own services) when with a bit of time and research, small business people strapped for cash in this climate anyway, can do a lot of routine work themselves, and there are many resources on the internet to assist with that free.

There is no point, on a small £750 debt, of spending £3-400 on debt colllection agents, lawyers etc. Its not feasible.

With the right terms in place, debt collection can be commission-free. So some of your argument against using a debt collection service falls away. The creditor can then spend the time generating new business rather than getting bogged down in DIY credit management. Just a thought.

 

[iwgraphics]

With the right terms in place, debt collection can be commission-free. So some of your argument against using a debt collection service falls away. The creditor can then spend the time generating new business rather than getting bogged down in DIY credit management. Just a thought.

Yes agreed, but in this case the OP doesnt have any written terms or agreement and its a one-off debt.

I was wandering if the OP is the same person as in the case of the senior policeman who got locked up yesterday after not paying his web designer

 

[Skillo 2010]

I am in a similar situation, but in reverse. Have debt recovery chasing me cause my builder went bust. Have tried to talk amicably but they insist on using threats intimidation and harassment. I am not paying out any more to this building company, they owe me a fortune and I paid enough to clear all debts - the builders did not pass this on to the creditors - is that my fault/

 

[Geoff T]

Have to agree that a Stat Demand here would be the wrong way to go... Too expensive, and mostly just used for the scare tactic... people know that...

OP - plenty of professionals me before have suggested options (and good ones IMO), I'd suggest picking the one who's post "rings the most bells" - and contact them...