Ex-client contesting claim

[Searcher]

Hello

I would appreciate some advice please to make sure that I know what I'm getting into here.

A depot manager (my main contact) gave me the run-around and so I stopped supplying them. The long and short is that they still owe £2k and I started court proceedings, plus I contacted the MD at Head Office to help mediate the problems bewtween me and the client. Instead of discussing this with me and getting the full story he spoke to the depot manager and is contesting the payment. Court date to be confirmed.

I don't have a problem with my claim and I've compiled sufficient evidence. But queries I have are :

1) Should I now employ a solicitor, and if so, what kind of costs are involved ? Or should I just proceed myself as I have the facts to hand anyway ?
2) Should the court find in my favour (which I fully expect) then what timescale is allowed for payment from the client, and what happens if they decide not to pay ?

Thanks.

 

[SelectCM]

If you are happy with your evidence and claim then show this to the judge on the court date. If they refuse to pay you can enforce via the high court.

I hope this helps,

Tom
SELECT CREDIT MANAGEMENT LIMITED

 

[daniel.benson]

Hello

I would appreciate some advice please to make sure that I know what I'm getting into here.

A depot manager (my main contact) gave me the run-around and so I stopped supplying them. The long and short is that they still owe £2k and I started court proceedings, plus I contacted the MD at Head Office to help mediate the problems bewtween me and the client. Instead of discussing this with me and getting the full story he spoke to the depot manager and is contesting the payment. Court date to be confirmed.

I don't have a problem with my claim and I've compiled sufficient evidence. But queries I have are :

1) Should I now employ a solicitor, and if so, what kind of costs are involved ? Or should I just proceed myself as I have the facts to hand anyway ?
2) Should the court find in my favour (which I fully expect) then what timescale is allowed for payment from the client, and what happens if they decide not to pay ?

Thanks.

If I was you I would hire a Solicitor if they have raised a dispute or start with a load of legal rubbish, Or if you feel confident enough I would just keep going. The costs can vary but am sure someone else can held along that line.

Keep all correspondence on paper so you have it to show the court should there be a need so the debtor can say well he said this I said that blah blah blah.

If the court finds in your favour you set the payment terms such as Full payment within 7 days etc. If they fail to pay you have a number of options open to you such as the Use of Court Bailiffs, High Court Enforcement, Third party debt orders etc. I always suggest to clients to use the High Court Enforcement route as we find it brings the best results in and is also the cheapest methods of enforcement. However if the debtor has no good than this route is no good but is a good scare tactic.

Have you been offered mediation by the court yet?

 

[Clarkmans]

The small claims process is designed for people to deal with in person without the need for a solicitor.

If you are unsure whether they have raised a valid defence then you may want to seek one off advice but you will not be able to recover the costs of this even if you are sucessful. The only benefit will be that you may decide to negotiate a settlement if your position is weaker than you thought. This could mean you save on future court fees or obtain some payment from them when you might get nothing at trial.

If you are unsure of the small claims process then more information can be found on the court website http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_e.pdf

 

[Searcher]

Thank you so much for the replies.

This is indeed a case of one of their employees claiming to have said this, that and the other. I'm so angry. And whilst I'm 99% certain that I have enough documentation to prove otherwise I might just run this by with a solicitor. The problem is that this is already starting to get a bit expensive for what is a relatively small amount.

The papers that have come through tell me that it's going to be a small room with a judge, me and the other director. I'm gutted the perpetrator of these lies won't be there - I wanted an opportunity to pin him down for contempt of court ! That's just me trying to get even here. Can I sue them for the stress and negative impact on cashflow ? !

 

[jules12345]

goto my website

http://www.smallclaimsme.com its going to be a small claims case by the sound of it and a sol is unlikely to take your case on. You say you have issued court proceedings, I can take it up from there with you, thorugh the next stages - I do this for free as I need the experience.

Regards
Jules

 

[SelectCM]

High court enforcement could be considered if you obtain a CCJ against the debtor.

Kind regards,
Tom
SELECT CREDIT MANAGEMENT LIMITED

 

[Cicero]

Why High Court enforcement? Post-judgment interest is small. There are enough good methods of enforcing in the county court.