Any Legal Eagles about??

[Novice Gardener]

I could do with a bit of advice here. As a business I'm owed a fair bit of money, I'm confident that most of my customers will pay up, but one of them has been stalling since May. Its not a huge amount - about £600 - but its for work done and signed off. The customer is a small builder(well smaller than the big boys!!) and he keeps making excuses - the cheques in the post, I've lost the invoice, I thought I'd posted....etc, etc... Now I'm getting a tad peeed off, and more than that , I need the money. The small development where did the work has a show house which is open at the weekends. If I were to enter the show house and take goods to the value of my invoice (i.e the dining table & chairs or the sofas) how do you think I'd fare from a legal point of view???? any opinions would be welcome

[lynda66]

think you would be charged with theft ..... two wrongs don't make a right ....... i would say best bet is small claims court, try CAB for advice.

[Novice Gardener]

think you would be charged with theft ..... two wrongs don't make a right ....... i would say best bet is small claims court, try CAB for advice.

Thats what I thought, I just kind of wondered if it were taken that far, would the judge take pity on me and look on it as "the small business bites back" I'm sooooooooo fed up with being taken for a ride, this particular customer drives around in a new Range Rover, is always going on holiday etc when I'm struggling to put food in the table (literally). If it weren't for my lottie this summer, we'd really have struggled.

[valmarg]

I would definitely go for the small claims court.

valmarg

[Novice Gardener]

thanks for your input. I think I know whats right from the legal side, but it just kind of sticks in my throat that I could be charged with theft if I took his goods, yet he took my time and labour and materials he's the one thats done the taking

[lynda66]

you could try going for a free initial interview with a solicitor, they should write a letter to the muppet, threatening legal action? it might work

and yes it's wrong ...... but if he does call the police, you'll be the one ends up in a cell for theft, his wrong doing is a civil action ..... theft is criminal

[Kayt]

Are you a member of any local business groups such as Chamber of Commerce, BNI etc? If so they may be able to offer some free advice. If not there may be a local solicitor who offers a free initial consultation.

[digthatchick]

Go for the small claims - very cheap to do, and he wont risk a bad credit rating for £600

[NOG]

You have to ask a couple of questions first.

Did you do the work as a Limited Company?
Did you invoice him or a Limited Company?
Does the £600 include VAT?

You should think carefully about what you do.

How much of the £600 is profit?

Is it worth pursuing?

Do you think you will get your money back?

Would your time be better spent llooking for other business

You could end up spending more that you are owed to recover it.

[SarzWix]

http://www.hmcourts-service.gov.uk/c...ex350_0406.pdf

You can do a lot of 'Small Claims' online now, which may save some money. Have a look at that link, it explains a lot

[Novice Gardener]

Thanks peeps, I've been mulling this over all night.

NOG, I trade as a Ltd company. The £600 is plus VAT but less CIS tax.

Thanks for the link Sarwiz, I think thats the routeI need to go down.

[Two_Sheds]

If I were to enter the show house and take goods to the value of my invoice

No, you can't. Even bailiffs need a Court Order to take goods.

But you could set up a camp in the show house with a sandwich board on saying this person owes you money ...

[Polly Fouracre]

Or you could stick up notices everywhere "Would (whoever) please pay me the six hundred pounds he has owed me since May!!"
One small company near us pins up bounced cheques on a board.

[piskieinboots]

I have used a debt collector previously, they do take a small percentage (they have to make a living also) but the success rate it excellent.

I can offer names if you wish -but if you do wish them please PM me as we can't advertise on here, rightly so

[ChrisB]

As previously advised, take the small claims route.

Prior to that you could send, by recorded delivery, a court warning. The fact that the letter has to be signed for often indicates you mean business and spurs the debtor into action.

If you need a sample court warning let me know and I'll forward one.


Good luck