Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
You should to write and set out your losses and ask for a paymentwithin 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.
If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing.
If this is a commercial debt you are also entitled to compensation on top:
Under £1000 - £40, £1000 - £10,000 - £70 and over £10,000 - £100
Together with interest at 8% plus Bank of England base rate so 8.5%
If the losses are £10,000 or less then it will be a small claim and you do not need representation.
Can I clarify anything for you about this today please?
this is a commercial debt - the original sale price was £25592, they paid £10000 deposit to place the order, they are very happy with the blinds - the problem now is they have admitted that they dont have the money as they gambled on a an order to come through whihc would have paid for the blinds, so now they are waiting for new orders to hopefully pay our bill
they cannot give me a date when they can pay for this
Then you need to give them 14 days and if they do not pay then issue proceedings.
Remember to claim interest and compensation under the late payment of commercial debts (interest) act
they have 100 staff and two directors whom refuse to call me or discuss the matter , they leave a finance manager to try and negotitae with me
Once you get a Court Judgment you can enforce it by sending in bailiffs, charge on property, freeze bank account etc
Once you get Judgment and if its more than £600 I would transfer it to the High Court bailiffs
Can I clarify anything else?
so where do i go for a commercial claim - do i include the directors as whom i claim off or just the limited company name or both?
No - you sue the Company if they are Limited
You can issue proceedings online at: www.moneyclaim.gov.uk
yes they are
Does this answer the question?
ok do i get my costs covered for going to court for the monies oustanding?
or do i add this to the claim?
These are automatically added to the claim
right ..ok do i get a copy of this transcript ?
Once you rate the format changes and you can copy and paste it
if i have a further question tommorw can i simply ask you on this or have i got pay eveytime i have a q uestion please?
No you can ask a follow up
ok - i will do this tommorow / Thursday - Thanks
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ok thanks i will now leave a rating for you
Hi Alex i have some questions please
i have had a further meeting to discuss the issue at hand and the two directors have not been present and seem to be avoiding me via communication and pushing towards a manager who calls himself a drector but is not listed on the companies house
the outcome of the meeting was that they propose to pay me £2000 at the end of march and then £2000 per week thereafter until the invoice is paid or if the situation allows, there refuse to put this in writing and they cannot guarantee that they could meet these payments, but it they conclude it is their aim to pay these based upon the projected bookings they have taken
in short they seemm to be feeding me a line....
since then if you google craig cook who is the main direcotr of cream club you unearth a whole history of non payment to the tune of £900000 of which £1.3million was owed to the Inland revenue HM Customs
he seems to be a director of 4 companies Cream club, CCCC ltd, Cream whorldwide and Cabec ltd see here https://www.google.co.uk/#q=craig+cook+cream
it seems this is his usual pattern of trading and i have spoken with COEL office solutions whom also say that he has failed to pay £23,000:00 to them also for the office refit they did along side us
it turns out he was making a gamble to sell to a client by doning a refurb using our money to fnd his selling point and then when he didnt get the order we are now seemingly being left high and dry
can you answer the follwoing questions for me please: