Best way to deal with a very overdue account?

[hg6591]

We have a small business which runs an app and magazine, and I have two invoices outstanding owed by an individual who has placed adverts in two issues of our magazine. He had an advert in a previous issue which he paid. He has not disputed any of the amounts, I just cant get him to pay up although I have chased and chased.
I would appreciate advice on the best course of action now please?

 

[STDFR33]

Write them a letter before action giving them 7 days to stump up.
https://www.citizensadvice.org.uk/l...action/step-one-write-a-letter-before-action/

If they fail to pay, start a claim against them.
https://www.moneyclaim.gov.uk/web/mcol/welcome

 

[hg6591]

Thanks for your reply - can you confirm that this is the correct procedure for a claim by a business against an individual?

 

[Scalloway]

You can get a lawyer to send the letter before action for you.

http://www.thomashiggins.com/pages/collection-process-stage-one.aspx

 

[Stuartb3502]

Thanks for your reply - can you confirm that this is the correct procedure for a claim by a business against an individual?

As a lay business person but having just researched this in some detail myself, it is. Always best to prepare for possible future action now however. With that in mind, have a look at:

www justice gov uk / courts / procedure-rules/ civil/ rules/ pd_pre-action_conduct
[sorry - not allowed to post proper link yet]

Or get a professional to do it.

It is worth gathering all details of your attempts to collect/resolve in an organised fashion with as much proof as possible (e.g. signed for letter receipts, at least a diary of calls/emails etc). If you need to consider small claims (no idea on size of debt), you'll need to be able to show that you've tried to resolve and avoid court.

The above is the correct procedure currently although it becomes a whole lot more onerous for the creditor in October when the specific pre-action protocol for debts kicks in. There's plenty written about that, but it's a nightmare by comparison.