I have not been paid, what shall I do

[Dan]

This is a handy thread for me to link to from the other forums too. We see this a lot, and many just give up which is a real shame.

 

[Marti]

Whatever I learn I'll post here, with pictures for the plumbers
Seriously, It's isn't just the money that is effectively stolen; it means a decent, honest plumber, sparks, plasterer et-cetra is disadvantaged like it's not hard enough to make a living.

 

[Baddegg]

Whatever I learn I'll post here, with pictures for the plumbers
Seriously, It's isn't just the money that is effectively stolen; it means a decent, honest plumber, sparks, plasterer et-cetra is disadvantaged like it's not hard enough to make a living.

Shame I can’t award three different emojis @Marti...the plumber comment killed me .....I completely agree with and like ya post good luck mate

 

[naylorpd]

Unravelling the layers of limited company and who's a director will probably cost more

It doesn't have to cost anything if you do some basic research yourself.
Go to Companies House service - https://beta.companieshouse.gov.uk/, input either a company name or the name of anyone that might be a director

You will get a list of similar names so might need to dig around to find the right one, but look for things like the registered office (on the overview tab), or directors names (on the people tab).

On the Filing tab, look for confirmation statement/annual returns - the latest one that says "confirmation statement with updates" will tell you who owns or controls the company.

If the Confirmation statement says that the company is controlled by another company, repeat the search for the controlling company, repeat until you find a real person's name.

On the Accounts tab, the latest financial statements will also confirm the directors and may have worthwhile financial information (though this is increasingly rare these days due to the thresholds being quite high).

Also look out for big debts against the company on the Charges tab.
All for free.

 

[Marti]

Thank you - I'll run with that and see what i can achieve.

 

[Marti]

Tuesday is the next deadline. Heard nothing yet so I'll prepare to do battle in-front of the officials and see what happens. Printed a tree-and-a-half in support of my argument but this is new to me and, probably, familiar to my opposition. Father Christmas won't think he's been a good boy!

 

[Baddegg]

Tuesday is the next deadline. Heard nothing yet so I'll prepare to do battle in-front of the officials and see what happens. Printed a tree-and-a-half in support of my argument but this is new to me and, probably, familiar to my opposition. Father Christmas won't think he's been a good boy!

Good luck @Marti keep us posted!?

 

[Pete999]

Good luck @Marti keep us posted!?

Have a look at this

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[Marti]

A classic - thanks Pete
As expected, my claim has been challenged. Won't say too much in open forum but I am up against a practised debtor / bankrupt so taking nothing for granted and seeking advice on how to present myself / my case. Solicitor is an expensive option. I will bullet point everything learnt for others to use ....once I've done me learnin' (ouch)

 

[Marti]

This has not been resolved and I expect to face the debtor in court in later this year. Even so, this is where I've changed the way I work. Just a couple of pointers that might help others.
1) Start every single interaction with a client on the basis that you might end up in dispute. No texts, use email, WhatsApp or even a paper and pen (camera-copied)
2) Confirm any changes using the above.
3) Very few of us like conversations about money. Practise it and get the "how much and when" communication up front.
4) Photographs before and after will help your memory and add weight to your case in the event of a dispute. This has saved me from progressing to dispute more-than-once.

I'm confident I'm presenting a good, honest and well-recorded case for payment and compensation. I am also adopting the approach of "even if I lose I'll be wiser next time" so will certainly progress this to court.

 

[Marti]

This has not been resolved and I expect to face the debtor in court in later this year. Even so, this is where I've changed the way I work. Just a couple of pointers that might help others.
1) Start every single interaction with a client on the basis that you might end up in dispute. No texts, use email, WhatsApp or even a paper and pen (camera-copied)
2) Confirm any changes using the above.
3) Very few of us like conversations about money. Practise it and get the "how much and when" communication up front.
4) Photographs before and after will help your memory and add weight to your case in the event of a dispute. This has saved me from progressing to dispute more-than-once.

I'm confident I'm presenting a good, honest and well-recorded case for payment and compensation. I am also adopting the approach of "even if I lose I'll be wiser next time" so will certainly progress this to court.

So....
That was written in January 2020. Such halcyon days; pre-covid awareness. When I looked for advice on the Small Claims Court there was very little and even the legal profession didn't want to know. I spoke to a local office and they gave me 30 minutes free advice. Everything else is my records and my wife's diligence. I thought I add a few words here in the hope it help someone in the future.

The end result...I won the full claim with costs and, somewhat to my surprise, the debtor paid. That a practiced bankrupt paid rather than hide behind "no assets-LTD" was a shock. In terms of stress and lost hours, the whole process is hell with most of the stress being caused, not by the opposition but but the court system and inconceivable levels of both under investment and general incompetence.

As I said above, keep good records and photograph everything. Keep your written argument short, accurate unemotional and to the point. Don't be tempted to add, exaggerate and let your written submission talk for you on the court day.

Oh, and if anyone tells you SCC is easy so just "get 'em in court"! Ignore them; odds are that they haven't actually ever progressed one to court as a small business / ST. I've found a good few of those.

 

[LukeD]

Well done!

Slightly different story .But I know a lady who rents out a flat in Cornwall . Its her only income. She has not received rent for 16 months . And is in fear of the courts etc if she throws the guy out etc. In The papers last week a guy had the same issues but after 5 months threw the tenant out . Was taken to court and fined very very little . Far cheaper than doing it the legal way !! I think some of these None payers really think people will give up the idea of legal action and wont take "Civil" ? action against them .

 

[Mike Johnson]

Bit late in retrospect, but I always had Landlords insurance, it paid me if the tenant did no pay up.

 

[LastManOnline]

Oh, and if anyone tells you SCC is easy so just "get 'em in court"! Ignore them; odds are that they haven't actually ever progressed one to court as a small business / ST.

Glad to hear your case is resolved. From experience taking a case to court is a complete lottery. Would highly recommend avoiding it if at all possible. The solution I recommend is by insisting (via contract) of money in ADVANCE throughout the contract. If a customer has an issue with this (I only experienced one in the last 10 years) I simply walk away.
I do a 50% deposit, 20% after first fix, 20% after second fix and final 10% on handover of cert. Works a treat.

 

[Mike Johnson]

Or do as all sub-contractors under the JCT contracts with main contractors, apply for payment against a valuation at the end of each month/week whatever you have agreed, not unusual to have a seven day payment terms.