non payer help please.

[somersetcourier]

Hi,
can anyone give me some advice please on a serial non payer?

We have a 'customer' who booked us to cover some courier work in June 2011 and has so far failed to pay us,
we have tried,
statements,
calls,
debt collectors,
county court judgement (won by default)
but so far not a sausage,

owes £750.00 approx now with court costs etc,

 

[yourcreditmanager]

Is your ex-customer a limited company, sole trader or partnership and how much is the judgment debt exactly...? If it's over the magic £750.00 mark you may want to consider the merits of a Statutory Demand.

One other point your post says that you have obtained the judgment but have you tried enforcing it at all - (Bailiffs/HCEO, third party debt orders etc)...? If so what was the result.

Michael

 

[Judge's Demand]

Hi Somersetcourier,

The answers to the questions asked by 'yourcreditmanager' would help to give you a little more help and advice on it.

I note that you also mention that you have tried Debt Collectors. did they obtain any response at all.? Which one did you try.? By all means feel free to private message me with this info if you dont want to mention them on an open forum.

I am the Partner of a Debt Recovery company named Judge's Demand. We have an outstanding reputation and are not asking for any registration fees, etc to act on your behalf.

We also have alot of Client references and testimonials to evidence the great service that we provide to our Clients.

If you would like to discuss the matter please contact me via private message on this site or telephone on 0151 329 2138.

Look forward to hearing from you.

Nick Durbin
Judge's Demand

 

[Clarkmans]

Hi

If you've got judgment the next stage is to enforce it.

I have a attached a link on How to Enforce a Judgment which will give you some ideas as to the next steps.

The cheapest option is a high court enforcement officer. The court fee for this is £60. I would not recommend a county court bailiff as they are not very effective but the high court enforcement officers are good. Some other options listed above as well. If the business has no money or assets though it could be very difficult to get them to pay.

Hope this helps. Feel free to call me if you want some guidance.

 

[M-C Hoare]

I would definitely recommend the High Court Sheriff's Office if your Judgment is over the limit for transferring up. I use them all the time and they are very good at getting the money if there is money to be had. £60 Court fee and then a £60+vat default fee to them if they don't recover the debt so a bargain as well.
Hope this helps.
Marie

 

[somersetcourier]

Hi,
thanks for all your advice so far,
but this is where the smoke and mirrors come in,
This is not an isolated incident,
His website and any confirmation emails etc has no mention of the LTD company (which he is actively trying to get struck off but keeps getting blocked, HMRC?) but when people start chasing him for the money he says you should have invoiced my LTD company and not me,
Well he has not tried that with us just other people,
we have sent statements chasing emails and debt collectors and on several occasions he agreed to pay but deadlines have come and go,
We are not convinced that his company address is actually where he lives and I noticed the other day that he has changed his contact details to possibly a virtual office so there nothing really to go after,
we have spoken to the local fraud office and trading standards but they to be taking their time,
we are not the only victims there are quite a few!!
I don't to start chucking good money after bad!!
would would you suggest?

 

[Clarkmans]

Hi

I presume you have judgment against the Company and not him personally?

If it is the case that the company has no money or assets then it is going to be extremely difficult to get your money back. You could try a High Court Enforcement officer but you do risk losing another court fee of £60 and if the HCEO cannot make a recovery an abortive charge of £60 + VAT plus £6 plus VAT per vehicle ownership search.

Unfortunately your only options are to give up and write it off or continue pursing him in the hope they might pay something.

Sorry that I cannot be more positive.

 

[somersetcourier]

Hi Clare,
No I went for him personally as he seems to think that the LTD company is like a riot shield, he can stand behind it and stick two fingers up at people!!

 

[Clarkmans]

If you've got judgment against him personally then you can go after his personal assets. He could apply to set judgment aside and if he does call me as you'll need more help with this point but as things currently stand you can enforce the judgment against him personally.

Have you got his home address? If so consider instructing a high court enforcement officer to call round. There is a risk he's got nothing but hopefully he has more than the company.

 

[Legalbeagle]

Agree ... a judgement against him personally is in these circumstances stronger than one against a potentially worthless company.

Transferring the judgement up to the high court (as its over £600) will only cost £60 and they get their costs on top from his assets. You dont need a solicitor for that step and High Court Enforcement is easy to find on the web, but PM me if you want me to give you a link.

 

[somersetcourier]

Hi,
thanks for your advice,
I will have a think on it,
this bloke is infamous in the courier industry (and quite prolific on this site too) but he seems to be slippier than a greased snake!
thanks again,

 

[ITsoldUK]

I think that even though you may have issued the invoice to him, IF he was accepting services on behalf of the company then your judgement may well be contested.

Not sure but read it somewhere before....

As for enforcing, against him? Good luck. IF he knows his civil rights then as long as he doesn't let the bailiff in, communicate with etc it is gonna be virtually impossible to get your beans back and you will enter a cycle of the DRA referring back to you and your costs will just grow.

Debt recovery agents are not as effective as they claim in my experience.

Sorry, but having gone down this road before, my advice....try and determine if it is with the ltd, stat demand, wind em up or just draw a line.

Good luck.

 

[yourcreditmanager]

Hi

Do you have any copies of any cheque payments the customer may have made to you...? it's a long shot I know but if you have the customer's personal bank details you may be able to apply for a garnashee order to the debtors' bank. This may prove more effective in the first instance than using the HCEO for the reasons some of the posters have made. Time it right just before the end of month and watch the sparks fly...

 

[Mrbadger]

Mee too, he's had me for £754.80. I've just applied for judgment on a ccj ( he hasn't botherd replying/ defending his self) I do have an initial email from him asking me to invoice him at his home address so i'm hoping this will help. I'm not holding my breath though.
I do find it frustrating that he cannot be named and shamed and that he's allowed to carry on posting in forums on this and other sites, potentially making business contacts and putting these new contacts at risk of his antics

 

[Mrbadger]

Ok, I now have judgement against him and have to wait 14 days for him to (not) pay before I can go any further. In preperation, I've got a list of unsatified judgements along with the case numbers. Is there any way of tracing the claiments from the case numbers with a view to getting together for some kind of group action? and if so what options would be available to us as a group?

 

[Homer J Simpson]

I think that even though you may have issued the invoice to him, IF he was accepting services on behalf of the company then your judgement may well be contested.

Not sure but read it somewhere before....

As for enforcing, against him? Good luck. IF he knows his civil rights then as long as he doesn't let the bailiff in, communicate with etc it is gonna be virtually impossible to get your beans back and you will enter a cycle of the DRA referring back to you and your costs will just grow.

Debt recovery agents are not as effective as they claim in my experience.

Sorry, but having gone down this road before, my advice....try and determine if it is with the ltd, stat demand, wind em up or just draw a line.

Good luck.

I didn't think you could avoid a bailiff based on a judgement?

I know all other standard debt collectors have not rights as such, but I always thought a judgement + bailiff meant someone's car etc would end up being taken under order of the judgement.

 

[MASSEY]

I didn't think you could avoid a bailiff based on a judgement?

I know all other standard debt collectors have not rights as such, but I always thought a judgement + bailiff meant someone's car etc would end up being taken under order of the judgement.

If someone uses their car for work / to earn money, then no one can take their car away.

Failing that, lock it in the Garage...

I think bailiffs are all puff and no smoke myself. They can't get into your property unless you have left a door or window open.

It's all the people that let them into their property thinking they have to that keep bailiffs in business.

 

[internetspaceships]

If someone uses their car for work / to earn money, then no one can take their car away.

Failing that, lock it in the Garage...

I think bailiffs are all puff and no smoke myself. They can't get into your property unless you have left a door or window open.

It's all the people that let them into their property thinking they have to that keep bailiffs in business.

A bit like a vampire then huh?

 

[easiprint]

I think bailiffs are all puff and no smoke myself. They can't get into your property unless you have left a door or window open.

It's all the people that let them into their property thinking they have to that keep bailiffs in business.

Reason for this is that most bailiffs are lying scumbags who have no morals and would lie to their own granny if it meant they could scare her into paying them.

We all know who this thread is about (JH), but he really does seem to be an expert in avoiding his debts. I feel sorry for the people he has ripped off, but probably more sorry for him as he obviously has no compassion himself as he continually rips people off with no apparent sense of guilt over it.

 

[roydmoorian]

Lifted from another site:-

Well I never! Well I was talking to another victim today and he has lost it totally with him and has gone in to JH's best customer and told him what is going on!
Needless to say I don't there will be anymore work coming his way!
Good luck with getting your funds,
Hope things improve soon,
Regards

 

[Homer J Simpson]

If someone uses their car for work / to earn money, then no one can take their car away.

Failing that, lock it in the Garage...

I think bailiffs are all puff and no smoke myself. They can't get into your property unless you have left a door or window open.

It's all the people that let them into their property thinking they have to that keep bailiffs in business.

That's a worry as I'm not far from taking someone (a ltd co.) to court for just under £2k.

If I get a CCJ can I just go straight for a winding up order? Sounds like a silly thing to do but although the company may not 'officially' have much money, I know that he will lose out on a lot of money not being able to trade under that company name as the ltd co has bought into a franchise. The cost of losing the franchise far outweighs the money owed to me.

Sorry, should I be starting my own thread?

 

[Legalbeagle]

Ideally start your own thread, or PM me, and I will give you some pointers in any event ...

 

[Mrbadger]

another thought wile I'm waiting to be paid (toung firmly in cheek). if I go down the HCEO route and they fail, what is my next step?