Unpaid invoice, debtor "starting the process" with insolvency practictioners

Discussion in 'General Business Forum' started by willst, Jan 13, 2021.

  1. Michael Loveridge

    Michael Loveridge UKBF Regular Free Member

    128 51
    I'd agree with the advice to call the named IP and ask if they have been / are going to be appointed. If they are then you're wasting your time pursuing the debt.

    However, even if they haven't you'd probably be throwing good money after bad going down the MCOL route. It's easy to get judgment, as they probably wouldn't bother defending the claim, but turning that judgment into cash may prove impossible.

    The court won't assist you of their own volition, so you have to lay out even more money on enforcement measures. It's unlikely that using bailiffs would succeed, as the company probably won't have any assets that could be seized, and the Government in their infinite stupidity have effectively banned the issue of winding up petitions, which were always the most effective way of getting paid.

    And don't get your hopes up about trying to sue the directors personally. This is exceptionally difficult, and not something you could hope to do without legal advice. For a debt of a few thousand pounds your legal fees would be more than the value of the claim.

    Unfortunately I think you'll just have to write it off and learn a lesson about checking the creditworthiness of customers more carefully in future.
     
    Posted: Jan 15, 2021 By: Michael Loveridge Member since: Aug 2, 2013
    #21
  2. MikeJ

    MikeJ UKBF Big Shot Free Member

    5,968 1,776
    The mistake you made was giving credit to a new company, with no trading history and no assets. Check the paperwork to make absolutely sure you've been dealing with the new company and not the old one.
     
    Posted: Jan 15, 2021 By: MikeJ Member since: Jan 15, 2008
    #22
  3. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

    1,900 344
    200 Posties down to 100 in our local delivery depot by all accounts!

    I would imagine the time allocated for the regular Postman's round is worked out on him/her knowing the area like the back of their hand. Makes it difficult to use what manpower you have to cover the rounds of those who are off sick.
     
    Posted: Jan 15, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #23
  4. Mr D

    Mr D UKBF Legend Free Member

    27,415 3,367
    Yet postmen and women have managed for many decades prior to this.

    Admittedly our post is around 10am if our postman is doing it, can be after 4 if it's a 2nd round.
    Areas with not enough postie's .... Does part round get done in time allotted?
     
    Posted: Jan 15, 2021 By: Mr D Member since: Feb 12, 2017
    #24
  5. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

    1,900 344
    The Royal Mail have never had to deal with the rapid explosion of online sales/delivery that started on lockdown last March. Until this second round of Covid they've done very well, but you cannot easily replace 50% of your frontline workforce in a matter of weeks.
     
    Posted: Jan 15, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #25
  6. Mr D

    Mr D UKBF Legend Free Member

    27,415 3,367
    Yes, overall they have managed. Admittedly back in April some stuff was taking 2 to 3 weeks to get delivered, by summer they had caught up and were mostly coping.
    October they were doing 2 weeks for 2nd class stuff to be delivered way too often, 1st class taking 2 to 3 days at worst.
    Now 2nd class is taking up to a week again though average appears to be 3 or 4 days.


    Did have a delivery to Germany take 5 days this month - which is pretty good considering.
     
    Posted: Jan 15, 2021 By: Mr D Member since: Feb 12, 2017
    #26