- Original Poster
- #1
Need a bit of a rant and sanity check please!
We issued a late payment demand via the Thomas Higgens Partnership to a Ltd co, interest plus compensation.
Amazingly after 2 months of stalling from the PA of the debtor within a day of receiving the LPD letter, we get a reply with a scan of the cheque of the initial amount- ignoring the compensation and interest, that they've posted first class....
Cheque has not appeared and the 7 days is up tomorrow.
I contacted the PA (the debtor is apparently unable to use email or telephone) and asked did they have proof of postage, and that special delivery would guarantee receipt next day and if it went awol at least there'd be proof of posting.
No proof of posting. So I said I want another cheque for the initial amount by special delivery by tomorrow 1pm OR I want emailed remittance advice showing a BACS payment. I said I need this to show solicitors that payment is imminent.
The reply back was that they are sorry Royal Mail didn't deliver their cheque....
And that while they note my urgency Thomas Higgens had written to them acknowledging the action they had taken....and that her boss is not back in the office till late tomorrow.....so as far as they are concerned they have met the requirement of the demand.
I will be calling Thomas Higgens tomorrow- but why would they have written to the debtor saying thanks for the photocopy of a cheque, all's good!!??
So basically we aren't going to get another cheque, nor a BACS payment.
I am being rather personal about this I as feel this person- a fellow professional- has really given us the runaround. The debt is more than any of the partners here take home a month so is hurting us and they couldn't have discharged their duties to their client without our input. The debt is over 2 months old and he has not had the common courtesy to respond to any phone call or written correspondence since the 30days credit was up. It amazes me how the hard copy letters between debtor and Thomas Higgens have been received and yet the cheque has not.
1. They have not paid by the 7 days
2. They did not include the compensation and interest in the cheque they made out
3. I am told that the debtor wont be available in the timescale I am demanding
4. They are implying my solicitor has said its up to me as they've seen a photocopy of a cheque that did or did not make it into the post.
Is it bad business to take someone to court who apparently has made a attempt to pay, but only the initial amount.
I think the court cost is less than the compensation so I don't believe we'd lose anything? But I think I'm just being spiteful.
But then again if this person thinks this is an acceptable way to do business he should be taken to task.
Any personal experiences of this sort of thing biting back?
We issued a late payment demand via the Thomas Higgens Partnership to a Ltd co, interest plus compensation.
Amazingly after 2 months of stalling from the PA of the debtor within a day of receiving the LPD letter, we get a reply with a scan of the cheque of the initial amount- ignoring the compensation and interest, that they've posted first class....
Cheque has not appeared and the 7 days is up tomorrow.
I contacted the PA (the debtor is apparently unable to use email or telephone) and asked did they have proof of postage, and that special delivery would guarantee receipt next day and if it went awol at least there'd be proof of posting.
No proof of posting. So I said I want another cheque for the initial amount by special delivery by tomorrow 1pm OR I want emailed remittance advice showing a BACS payment. I said I need this to show solicitors that payment is imminent.
The reply back was that they are sorry Royal Mail didn't deliver their cheque....
And that while they note my urgency Thomas Higgens had written to them acknowledging the action they had taken....and that her boss is not back in the office till late tomorrow.....so as far as they are concerned they have met the requirement of the demand.
I will be calling Thomas Higgens tomorrow- but why would they have written to the debtor saying thanks for the photocopy of a cheque, all's good!!??
So basically we aren't going to get another cheque, nor a BACS payment.
I am being rather personal about this I as feel this person- a fellow professional- has really given us the runaround. The debt is more than any of the partners here take home a month so is hurting us and they couldn't have discharged their duties to their client without our input. The debt is over 2 months old and he has not had the common courtesy to respond to any phone call or written correspondence since the 30days credit was up. It amazes me how the hard copy letters between debtor and Thomas Higgens have been received and yet the cheque has not.
1. They have not paid by the 7 days
2. They did not include the compensation and interest in the cheque they made out
3. I am told that the debtor wont be available in the timescale I am demanding
4. They are implying my solicitor has said its up to me as they've seen a photocopy of a cheque that did or did not make it into the post.
Is it bad business to take someone to court who apparently has made a attempt to pay, but only the initial amount.
I think the court cost is less than the compensation so I don't believe we'd lose anything? But I think I'm just being spiteful.
But then again if this person thinks this is an acceptable way to do business he should be taken to task.
Any personal experiences of this sort of thing biting back?
