Bad debt

[NNS]

Hi All

Looking for some advice.

I did some work for a client and her husband in December. My contact was only with her, but she was happy and I issued an invoice. All in, just short of £1000.

The issue I now have is that client has since moved to Spain. She hasn't responded to several emails. I have also tried to contact both her and her husband through Facebook, but no reply- message shows as delivered but we are not "friends" so I cant see any more than that.

I have her last UK address (but may have sold this house) and her in-laws' address to which she asked that the final documents be forwarded.

Any hope/options?

Mark

 

[ThatDevAaron]

Keep trying to establish contact would be my go, until you know for sure they're dodging you.

im not a legal expert so idk but I would keep trying to get in-touch. Send a letter to her in-laws address under her name as she's previously used it for correspondence

 

[JEREMY HAWKE]

This is not a large amount of money and if it was me I would come to the conclusion that it is not worth chasing the debt and the recovery costs could hit the value of the debt .
You could issue a CCJ and this would make life difficult should she return to HM jurisdiction however its throwing good money after bad

 

[fisicx]

Were they a limited company?

 

[Mark T Jones]

This is not a large amount of money and if it was me I would come to the conclusion that it is not worth chasing the debt and the recovery costs could hit the value of the debt .
You could issue a CCJ and this would make life difficult should she return to HM jurisdiction however its throwing good money after bad

Pretty much this.

You could send a signed-for pre-action letter to the last given address, just to get a reaction, but in reality you'll struggle to get paid even if you get a judgement

 

[Lisa Thomas]

I suspect if you start sending letters to the in-laws address this might start to cause enough frustration and friction it might prompt payment...

I believe there is a way to check the Spanish equivalent of the land registry to potentially locate their address in Spain (assuming they bought instead of renting) but you will probably need the help of solicitors and the costs will probably not be worth it.

 

[Lisa Thomas]

Finding a way to see their socials is probably the best way to find their Spanish address from their posts about the move.

 

[Paul Kelly ICHYB]

I suspect if you start sending letters to the in-laws address this might start to cause enough frustration and friction it might prompt payment...

This.

 

[MikeJ]

Yes. Especially if you address them to "The Occupier" and say this is where you have been told to send the invoice to.

 

[NNS]

Thank you everybody.
It is a private individual rather than a limited co. An annoying amount because whilst it is only £1000, it is still £1000. I tend to agree that the nuisance/embarrassment factor may be enough to get a reaction and hopefully payment. I agree that seeking a judgement is likely to be good money after bad.

 

[fisicx]

Next time don’t deliver until payment is complete. Or at least get a stage payment.

 

[eteb3]

If you want to see if they still have the UK property, you can get a copy of the title register for £6 or so from the Land Registry

 

[Michael Loveridge]

Hi All

Looking for some advice.

I did some work for a client and her husband in December. My contact was only with her, but she was happy and I issued an invoice. All in, just short of £1000.

The issue I now have is that client has since moved to Spain. She hasn't responded to several emails. I have also tried to contact both her and her husband through Facebook, but no reply- message shows as delivered but we are not "friends" so I cant see any more than that.

I have her last UK address (but may have sold this house) and her in-laws' address to which she asked that the final documents be forwarded.

Any hope/options?

Mark

If they have sold up and moved to Spain you’re unlikely to get paid in the short term. However, as I understand it, it’s very difficult for UK citizens to acquire the right to live in Spain permanently, so on the basis that they may one day return it would probably be worth the modest cost of obtaining a County Court Judgement.

You should check with the Land Registry to see if they still own the house. If they do then you can apply for a Charging Order, which registers the CCJ against the house and means that you would have to be repaid if the house was ever sold or remortgaged.

 

[FreddyG]

A nice letter to the in-laws, explaining your situation and if they could help you, would be my advice. Anything more might be taken as harassment.

Use the last known UK address anyway. If the debtor has not formally notified you of a new address, you can still write to the last known address. If the property has been sold, sometimes the mail is forwarded or returned with a clue or an address.

Formal letter before action. Send a recorded “letter before action” to the last known address (and optionally copy the in-laws once, as above). This is important if you later pursue recovery.

There are procedures for small claims within the EU to which the UK is still a member, but the sum is too small for that to bother IMO.

In short, one carefully worded approach to the in-laws is acceptable; trying to extract an address from Spanish registries is not realistic.

 

[Gecko001]

Write to the in-laws by all means, but I do not think you should disclose, why you want to see this person in the letter, other than it is a business matter.

 

[The Resolver]

You say she bought your service as an individual not as a company, but was it to do with a business she runs or was it a consumer service you provided? If the former, can you identify a business community she is involved with for buying business services?

As to issuing in court, its in the Small Claim Track so easy to obtain a judgment, If you can identify persons/companies who may be paying monies to your client - most commonly her bank - then there is the option, once you have obtained a judgement of seeking a Third Party Debt Order against that person/company. Did she make any part payment to you so that you can identify her bank details?