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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i am owed an amount of money by a firm we fitted some blinds

Customer Question

i am owed an amount of money by a firm we fitted some blinds for, they paid 50% deposit to place the order and promised to pay the balance within two months of the order, We had a meeting today and they said they dont know when they can pay the balance
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

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.


Alex Watts :

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.

Alex Watts :

If this is a commercial debt you are also entitled to compensation on top:

Alex Watts :

Under £1000 - £40, £1000 - £10,000 - £70 and over £10,000 - £100

Alex Watts :

Together with interest at 8% plus Bank of England base rate so 8.5%

Alex Watts :

If the losses are £10,000 or less then it will be a small claim and you do not need representation.


Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Customer:

they cannot give me a date when they can pay for this

Alex Watts :

Then you need to give them 14 days and if they do not pay then issue proceedings.

Alex Watts :

Remember to claim interest and compensation under the late payment of commercial debts (interest) act

Customer:

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

Alex Watts :

Once you get a Court Judgment you can enforce it by sending in bailiffs, charge on property, freeze bank account etc

Alex Watts :

Once you get Judgment and if its more than £600 I would transfer it to the High Court bailiffs

Alex Watts :

Can I clarify anything else?

Customer:

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?

Alex Watts :

No - you sue the Company if they are Limited

Alex Watts :

You can issue proceedings online at: www.moneyclaim.gov.uk

Customer:

yes they are

Alex Watts :

Does this answer the question?

Customer:

ok do i get my costs covered for going to court for the monies oustanding?

Customer:

or do i add this to the claim?

Alex Watts :

These are automatically added to the claim

Customer:

right ..ok do i get a copy of this transcript ?

Alex Watts :

Once you rate the format changes and you can copy and paste it

Customer:

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?

Alex Watts :

No you can ask a follow up

Customer:

ok - i will do this tommorow / Thursday - Thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

ok thanks i will now leave a rating for you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

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:




  1. Am i within my rights to gain lawful access to walk through the doors with a team of my guys to take back our products until he has paid - ( iunderstand that i have to be careful not damage anything)

  2. If i go the legal route of county court can i represent myself or do i need a lawyer

  3. if i win in court you say take to the high court, do you have any indication of fees for this based upon £15,500 worth of debt chasing

  4. do you have an indication of how long it will take the high court balifs to excercise the warrant/court order

  5. Can i not go after him via bankruptcy on a personal basis - with the facts that he knowly knew he didnt have the money under some form of A disqualification order

  6. Can i not sue him personally as it was he who directly gave the order and agreed these matters

  7. if the company has no assetts for example am i merely wasting my time here or is their alternative routes of recompense


 


Thanks


 


 


 

Expert:  Ash replied 2 years ago.
A. Yes as long as you do not force entry.

B. You can represent yourself

C. County court fees, it's £175 to issue the claim

D. They should exercise within a few days.

E. Only if you get a personal judgment.

F. Yes you would be wasting your time I am sorry to say.

Alex

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