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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25992
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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To Whom It May Concern we are a business and we supply window

Customer Question

To Whom It May Concern

we are a business and we supply window displays to estate agents One of our orders was to a customer they ordered 2 Off window displays delivery ONLY, on delivery we were informed that he had only received one, in the manufacturing process from our supplier only one display was made instead of 2. As soon we knew this we notified the client and apologised and gave him 2 options
1. To cancel the second display
2. To have the second display made, however this would take up to 3 weeks as these are custom made for his window
I can appreciate he would be disappointed, however he was abusive to my staff, and swore and let off a lot of steam but decided he would wait for the new display
His First display was delivered and signed for in good order and we had no emails or complaints about the display
3 weeks later his second display was ready for delivery 22nd April, my accounts notified him of this and due to his agressive attitude we thought it best that he paid before delivery, I honestly believed he would not pay, he replied and promised he would pay on delivery copy of email chain attached. We delivered the second display and telephoned him to check all was ok, he said he was happy, however one of the Pockets that holds his property details was out of line, (something that can happen when they are delivered and movement of the van) , due to the delicate situation we decided to follow the second display in and check this out, I personally attended and rectified the issue, clarified with the client he was happy and he was.
My salesman who sold the display then telephoned to check payment was forthcoming and was told it was, One week later my accounts emailed the client with a copy of the invoice to which we received the reply below
Subject: Re: Invoice 9097

My bank says no money I have sold a house yesterday and have to wait to get paid

I had the money when I placed the order but you guys failed do deliver on time and so I spent the money on my wife and bought a diamond ring for her birthday and a weekend in Paris with all the luxuries

Sorry but will try and pay when the house sells

Also had to have another launch party and so had far too many additional I expenses as a result of you not delivering the displays as agreed with you from the outset

Ps can I pay in instalments????

Is this litigation or criminal as I believe as he promised to pay 1 week before delivery this could be FRAUD by MISREPRESENTATON
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask the amount in questions please?

Joshua :

Are you contracting with the agent as a limited company or as a sole trader/partnership?

Customer:

Hi, the customer is a limited business and the amount is £1380.00 Inc vat

Customer:

The customer is a limited business and the amount is £1380.00 Inc Vat

Joshua :

Thanks.

Joshua :

There are two principle approaches you can consider. The first is considering using a debt collection agent to assist you under the Late Payment regulations which enables you to charge much of the agents fees to the debtor as well as interest. A debt collection agent can assist you with the collection process without committing you or your staff to time consuming litigation.

Joshua :

There is useful information here on your rights to claim costs and interest for late commercial payments:

Joshua :

https://www.gov.uk/late-commercial-payments-interest-debt-recovery/when-payment-becomes-late

Joshua :

Alternatively you could consider taking action yourself through the county court. You can either issue proceedings yourself or you can ask solicitors to assist you with this though you will be unable to recover solicitors costs yso may prefer to pursue the matter yourself if using this approach. The simplest way to issue proceedings is by using the courts online issuing process www.moneyclaim.gov.uk

Joshua :

A final alternative is to issue the company with a statutory demand which is the first step to winding up his company for insolvency. In practice you will not likely wish to do this as it will cost circa £1K to do but it costs nothing to serve a statutory demand and this can often prompt a late payer into action on its own.

http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form4-01.doc

Customer:

is there any mileage in the Fraud aspect

Joshua :

Though I follow your line of argument and you are free to make a complaint to the police unfortunately there does not appear to be a basis for a criminal complaint as this is a civil breach of contract whereby he is in breach of a term of your contract - namely to pay. The police are unlikely to take an interest I fear. However you would appear to have a clear cut case for suing for damages and costs and interest

Customer:

also, with regard to the wind up order, can I complete this as well as commencing moneyclaim or do I do one or the other as I feel he lies to me about not having funds

Joshua :

One would typically choose one of the three above options to pursue rather than pursuing more than one at once. There would be issues with pursuing two litigation approaches simultaneously.

Customer:

what would be best, XXXXX XXXXX up order as the 1k does not phase me

Customer:

or moneyclaim

Customer:

from your experience what has the best approach

Joshua :

If you think he will be keen to prevent his company going insolvent then a statutory demand can be very effective. If he is not bothered then it may not.

Joshua :

If you think he will be keen to preserve his company then a statutory demand can be a good approach particularly as it costs nothing to prepare.

Customer:

he has 3 branch's, so i think he would be very bothered by this, are they easy to complete or what would you charge me to do this

Joshua :

Otherwise proceeding under the Late Payment of Commercial debts can be a good approach as debt collectors can do much of the hard work for you and much of their fees can be claimed from the debtor.

Customer:

i want to be hard hitting and to the point, bit confused on best action, the way he has treated my business means I want to cause him much concern

Joshua :

If you think he is likely to wish to seek to preserve his company then a statutory demand can do the trick very effectively and make you a priority to pay. Once served he must either pay or try to set aside the statutory demand within 18 days by denying the debt which he cannot do as he has admitted he owes the money.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

ok thats the route then, i had completed all the Court papers. What will you charge for completing this paperwork as I do not want to make any mistakes or can you check it over when I have completed

Joshua :

Do you mean to complete the statutory demand?

Customer:

yes

Joshua :

I would be happy to prepare the statutory demand for you for a fee of say £100 if that is acceptable?

Customer:

yes thats fine

Customer:

do you want to email me your [email protected]

Joshua :

Thanks. We will need to switch into a question and answer format so I can provide you with my email address.


Customer:

I just do not want any issue with not completing correctly

Joshua :

There should be some smiley faces for you to provide a rating and then add a bonus payment. If you are happy to do so would you kindly submit a rating for my service to date and add a bonus amount of £100. I will then let you have my email address and request the information I need to to prepare the statutory demand.


Customer:

ok

Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 3 years ago.
Thanks. My email is pearljaATemail.com where "AT" is a @

If you would kindly drop me an email I will let you know what I need.

Kind regards
Customer: replied 3 years ago.

Hi please email me they bounce on that address


 

Expert:  Joshua replied 3 years ago.
Hello
I have sent you an email to the address you gave me - I hope you have received it. I realise I gave you the wrong address above. My address is pearljATinbox.com.

Kind regards
Customer: replied 3 years ago.

Nope that one dont work either


 


if you send me an email I can reply to that !

Expert:  Joshua replied 3 years ago.
Sorry I am not quite sure what us wrong with me! I don't usually have this many problems with email addresses. I will blame not being able to use the @ symbol. The below is finally the correct one!

pearljaATinbox.com
Customer: replied 3 years ago.

Looks like that one went, I have attached some info for you


 

Expert:  Joshua replied 3 years ago.
Many thanks. Got it