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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.
May I ask the amount in questions please?
Are you contracting with the agent as a limited company or as a sole trader/partnership?
Hi, the customer is a limited business and the amount is £1380.00 Inc vat
The customer is a limited business and the amount is £1380.00 Inc Vat
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.
There is useful information here on your rights to claim costs and interest for late commercial payments:
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
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
is there any mileage in the Fraud aspect
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
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
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.
what would be best, XXXXX XXXXX up order as the 1k does not phase me
from your experience what has the best approach
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.
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.
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
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.
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
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.
Is there anything above I can clarify for you any further?
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
Do you mean to complete the statutory demand?
I would be happy to prepare the statutory demand for you for a fee of say £100 if that is acceptable?
yes thats fine
do you want to email me your [email protected]
Thanks. We will need to switch into a question and answer format so I can provide you with my email address.
I just do not want any issue with not completing correctly
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.
Hi please email me they bounce on that address
Nope that one dont work either
if you send me an email I can reply to that !
Looks like that one went, I have attached some info for you