Using a debt collection agency.

[Mark P.Participant @markp]

[Mark P.Participant @markp]

Hello all, has anyone on here ever used a debt collection agency, and what were the pros and cons?
Regards Mark P.

[Ian ParkinParticipant @ianparkin39383]

I used Thomashiggins.com to recover a debt of over £1500 from a company that i knew had the money.

Its all online every step of the way and it went from letters before proceeding to county court to high court to sherrifs calling

No cons at all all pricing is transparent and the only possible con with any type of debt collecting is if the debtor doesn't have the funds …in that case you have to settle with making them bankrupt..which doesn't really help you

 

Edited By Ian Parkin on 28/11/2016 13:41:32

[MuzzerParticipant @muzzer]

Ian – wasn't the small claims court appropriate in that instance? Sounds as if they were playing hard to get, mind.

[Ian ParkinParticipant @ianparkin39383]

It was a medium sized co that got into trouble and the boss ( at the time) was paying only they who shouted loudest or sued.

I agree it would have been far better to pay before it even went to court as it basically cost them an extra £1k in fees etc.but that's what it needed.

They then went on to pay my fees that i had lost and now back on track as one of my better customers and on 30 day terms.

As I said Thomas higgins were really good throughout the whole process

[David Standing 1Participant @davidstanding1]

Posted by Mark P. on 28/11/2016 12:26:45:
Hello all, has anyone on here ever used a debt collection agency, and what were the pros and cons?
Regards Mark P.

Is it a one off debt?

Is it a company or an individual?

Is it over £750?

Do they have the money to pay you?

My background is debt collection……….not touting for business – I am retired now! – but can guide you as to what the right approach might be.

Edited By David Standing 1 on 28/11/2016 14:26:17

[Mark P.Participant @markp]

Hello chaps thanks for the replies. David it is a ltd model engineering company on the east coast,it is a debt for unpaid wages for just under ?3k. Have tried solicitors letters, phone calls and face to face. He always says the same thing “I am chasing money” been going on for 18 months. He keeps promising to pay me so much per month but none is forthcoming! Getting to the end of my tether too say the least. I am thinking of naming and shaming the company.

Regards Mark P.

[David Standing 1Participant @davidstanding1]

Mark

You have PM!

David

[MWParticipant @mw27036]

I feel like i'm gazing into the mouth of a lion here because being so poor i'd be more likely to be on the receiving end of these services! Not that i abide by usury or loans in general.

Michael W

[AjohnwParticipant @ajohnw51620]

Sounds like the OP is sorted.

Small claims has changed. The local offices don't do it any more. A piece of advice I was given by some one that is often involved with this sort of thing. I had some concreting done and wasn't happy – pattern imprinted. There is a need to get a 2nd independent opinion – that's what this person did, usually on much larger jobs. Even so he visited and gave me some advice. If using small claims ask the court to collect the money. It can get very long winded otherwise and they don't mess about. If the payment isn't forthcoming they send the bailiffs in,

As it turns out the person that did it didn't come back for the rest of the money which helps make the job look a lot better. Around 50% discount and the main problem is still slowly weathering out – over 10+ years now,

Turns out he was one of these people that sort of don't exist. Car bought on HP and not a single payment made. Pays for everything with cash. Trying to get info from his bank proved to be impossible even though I paid with a building society cheque. Not sure how he managed to con some early payment out of me but some people are pretty good at that. I went and looked at work he had done elsewhere too etc.

John

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[WindyParticipant @windy30762]

I used to work for myself for a few years and never had problems with my own customers the problem customers are ones passed on by so called trade friendsI took a few to small claims and eventually got paid but its the hassle.

Those who owed me were in a better financial position than me I gave them all the opportunity to settle before court the bailiffs were a last resort.

Why should those who had a satisfactory job done try to get away without paying.

One trade customer who was a crook as I found out later was a lost cause as the police told me he knew every trick in the book.

The only people who got owed money from him was them who took the law into there own hands.

I could never do anything like that but at times the law is powerless.

Edited By Windy on 29/11/2016 17:13:46

Edited By Windy on 29/11/2016 17:15:07

[Sam Longley 1Participant @samlongley1]

I took quite a few to the small claims ranging from John Lang ( Construction Co) to Tower Hamlets LA to small local traders

I never messed about waiting. I found one would just get strung along. I always used Thos higgins as not only were they cheap but very efficient. My greatest joy was when the baliff went into Tower Hamlets offices & seized goods to the auction value of £ 3500-00. Tower Hamlets were so badly organised it was unbelievable. He gave them loads of notice Yet they still ignored it.

I took 2 local schools that I did work for £ 18K total, because they all cleared off on summer hols & thought they could forget paying me for 8 weeks. Caused quite a stir when the headmasters got called back off holidays.

Never wait for money. it is yours & non payment is theft. Get a reputation for going for it & you get paid on time

[blowlampParticipant @blowlamp]

Wait until the bank 'bail-ins' start – they'll nick your money from under your very nose. It's coming…

Martin.

[David lawrence 3Participant @davidlawrence3]

I have taken several photo studios to small claims court, never got a penny, total waste of time, they all went bust before the court sort things out. there are some small business that will never pay you, I have often waited a year for payment. in Germany they pay in 30 days. best advice is to hound the guys, I have sent studios over 100 faxes in a day chasing money, it clogs up the system, I have sat outside the offices of several colleges and magazines waiting for payment it normally works, not in business now, after 30 years of chasing photographers I am making the odd clock. best of luck.

[Mark P.Participant @markp]

David I have been hounding him for about 18 months and nothing forthcoming! He did offer me a myford super7 but it’s not worth the ?3000 he owes me. I am thinking of naming and shaming him on here!
Mark P.

[Alan Waddington 2Participant @alanwaddington2]

Hi Mark

Much as it might make you feel better, I would advise against naming and shaming on a public forum. It won't change anything, and might actually work against you in the long run.

I've used the small claims court on three occasions, it was quick, cheap and painless ( all done online) and each time I got paid as soon as the court papers were received by the non payer. Most people don't want the hassle of going to court or being landed with a CCJ.

Of course there is a chance you might still not get paid, but you will only be £30 or so worse off than you are now, and the non payer will be blighted with a CCJ.

Alan

[Mark P.Participant @markp]

Alan, he has a string of CCJs against him so another one will not bother him! Even my solicitor says taking him to court would be a waste of money!
Mark P.

[Sam Longley 1Participant @samlongley1]

Surely the next course of action after a CCJ is a balif

That would be my approach.

Must have something worth seizing for sale. Even if it just messes him up it is worth doing

If not a limited company there must be some assets somewhere that can be seized.

Edited By Sam Longley 1 on 30/11/2016 19:21:29

[Ian ParkinParticipant @ianparkin39383]

I'm afraid mark you are stuffed if he has lots of ccj's and no ready cash or assets…so as you say another wont bother him. If you think he does have assets then you can go via the county court then high court then sherrifs..they don't mess about…see the tv programmes…

But if at the end he doesn't have any assets then its just bankruptcy and that will cost you..for your debt of £3k it may cost you £400 to get to the end of the sherrifs if you do it yourself more if you let a debt collector do it but you get it back if you are successful ….making someone bankrupt is £750 iirc

Ian

[Alan Waddington 2Participant @alanwaddington2]

Posted by Mark P. on 30/11/2016 19:02:31:
Alan, he has a string of CCJs against him so another one will not bother him! Even my solicitor says taking him to court would be a waste of money!
Mark P.

Do you have any large mates ?

[Ian ParkinParticipant @ianparkin39383]

Sam

Ballifs are utterly useless and cost you £50 a time

If someone owes you £3k you don't want it at £5 a month

If you get a ccj and the debtor doesn't respond take it to the high court and then sherrifs and get a result….but only if he has assets

[AjohnwParticipant @ajohnw51620]

Posted by Mark P. on 30/11/2016 18:10:46:
David I have been hounding him for about 18 months and nothing forthcoming! He did offer me a myford super7 but it's not worth the ?3000 he owes me. I am thinking of naming and shaming him on here!
Mark P.

I would name who ever it is as a warning to other people. Chances are this person may sell something or the other and a persons morals can impact that in terms of what they are prepared to sell.

John

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[Neil WyattModerator @neilwyatt]

It's non-payment of a salary/wages.

That is seen as the worst sort of debt and if taken to a tribunal and proved you can get the courts to recover the money on your behalf.

What if my employer doesn't pay up?

In a small number of cases, your employer may not pay you the compensation awarded by the employment tribunal.

In England and Wales, there is now a fast track system you can use if you've been awarded compensation by the tribunal but your employer doesn't pay. Under this system, you can ask a High Court Enforcement Officer to act for you to collect the money. You can also fill in a form to ask to have your employer fined.

You can get more information about this from Her Majesty's Courts and Tribunals Service online at: http://www.hmcourts-service.gov.uk.

If your employer doesn’t pay you what you have been awarded, they might have to pay a financial penalty to the Secretary of State.

Section 150 of the Small Business, Enterprise and Employment Act 2015 came into force in April 2016 and imposes fines of up to £5,000 on employers who fail to pay sums ordered by employment tribunals.

You may still want to get more advice from a Citizens Advice Bureau about what to do. To search for details of your nearest CAB, including those which give email advice, click on nearest CAB.

There may be other organisations which can help you. For details of these organisations, see What help can I get with a problem at work

[David Standing 1Participant @davidstanding1]

Posted by Mark P. on 30/11/2016 19:02:31:
Alan, he has a string of CCJs against him so another one will not bother him! Even my solicitor says taking him to court would be a waste of money!
Mark P.

Mark

Ask your solicitor what he thinks of my suggestion.

David

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