Statutory Demand

[beaver74]

is this the same as a small claims court as i have had a ltd company that has ignoard all coert letter
the law what a waist of oxygen

 

[eddielarge]

Basically its a 21 day winding up order, if they dont pay you can windup company,, however if the company is so in debt it wont matter because they still wont pay,and just go bust... it works on companies that are just avoiding paying u,

 

[Oli]

Its not as simple as your mate is making out, firstly the debt has to be over £750, then for you to be able to just send a stat demand, it has to be undisputed, if it is disputed you have to obtain a court judgement then you can send the stat demand, and to wind the company up, you have to pay the fee, which you may get back if the debtor has enough money to go round when its all divided up. The fee is somewhere in the region of £500.

Most debtors, who are effectivley bankrupt, will look for someone to wind their company up, so they dont have the cost themselves of voluntary winding up.

Best bet is a CCJ then trasnfer up to the high court, then instruct a bailiff.

The stat demand is a good tool for scaring someone who doesnt understand the system into paying up, but a call to the citizens advice or similar would have them seeing through the scare tactic and holding out to court.

They can even wait say 20 days, then apply to the court for the stat demand to be set aside disputing the debt.

Like I said it can be a good cheap way of scaring someone into paying, but its my no means the golden goose you mate has made it out to be.

Another good tip is to complete a County Court application form and send it with a letter to the debtor stating that if payment is not recieved in X days the application will be submitted as drafted.

And another tip is, if someone bounces a cheque on you send them a 'notice of dishonour' letter immediatley, it will help the case no end at the court stage.

Im clued up on all this stuff at the moment, I've had to go through the process to recover a £900 debt from a tiling job last year, just this week I got the cheque for the full amount, court costs and interest from the baliff.

Its a long drawn out process via small claims court, but if you follow the stages through its quite straight forward.

The threads in the elite section on Tilersforums and i dont think there will be many on here who will have access so if anyone finds themselves in a similar predicament, which was basically a customer making up excuses not to pay and boucning / cancelling cheques left right and centre, then ignoring all contact give me a shout, ill happily share my experience of the small claims route, main thing is to keep the chin up and stick with it, it gets a bit depressing chasing a big debt but its worth it when the money lands on the doormat.

Oli

 

[eddielarge]

Its not as simple as your mate is making out, firstly the debt has to be over £750, then for you to be able to just send a stat demand, it has to be undisputed, if it is disputed you have to obtain a court judgement then you can send the stat demand, and to wind the company up, you have to pay the fee, which you may get back if the debtor has enough money to go round when its all divided up. The fee is somewhere in the region of £500.

Most debtors, who are effectivley bankrupt, will look for someone to wind their company up, so they dont have the cost themselves of voluntary winding up.

Best bet is a CCJ then trasnfer up to the high court, then instruct a bailiff.

The stat demand is a good tool for scaring someone who doesnt understand the system into paying up, but a call to the citizens advice or similar would have them seeing through the scare tactic and holding out to court.

They can even wait say 20 days, then apply to the court for the stat demand to be set aside disputing the debt.

Like I said it can be a good cheap way of scaring someone into paying, but its my no means the golden goose you mate has made it out to be.

Another good tip is to complete a County Court application form and send it with a letter to the debtor stating that if payment is not recieved in X days the application will be submitted as drafted.

And another tip is, if someone bounces a cheque on you send them a 'notice of dishonour' letter immediatley, it will help the case no end at the court stage.

Im clued up on all this stuff at the moment, I've had to go through the process to recover a £900 debt from a tiling job last year, just this week I got the cheque for the full amount, court costs and interest from the baliff.

Its a long drawn out process via small claims court, but if you follow the stages through its quite straight forward.

The threads in the elite section on Tilersforums and i dont think there will be many on here who will have access so if anyone finds themselves in a similar predicament, which was basically a customer making up excuses not to pay and boucning / cancelling cheques left right and centre, then ignoring all contact give me a shout, ill happily share my experience of the small claims route, main thing is to keep the chin up and stick with it, it gets a bit depressing chasing a big debt but its worth it when the money lands on the doormat.

Oli

OLI thankyou for the info but a small claims court is no good for a debt of £15k ,
So what do i need to do ,,appart from batter him

 

[pennywise]

Its at this point I wish I lived in germany they don't even have or understand the term bad payer or baliff Must be quite worrying for you m8.

 

[Johno]

sorry eddie, but how did you let it get to 15k

 

[rocker]

Good grief.

 

[eddielarge]

sorry eddie, but how did you let it get to 15k

LONG story short , but basically was giving a testing contract by this company to carry out pir tests on high rise flats in lambeth, after there was a fire in one of the blocks due to bat electrical wiring.

basically agreed £40 a circuit , after the first invoice of £4k was paid i just steamed on, and the following month i put the invoice in, and im still waiting...

 

[Mark2009]

LONG story short , but basically was giving a testing contract by this company to carry out pir tests on high rise flats in lambeth, after there was a fire in one of the blocks due to bat electrical wiring.

basically agreed £40 a circuit , after the first invoice of £4k was paid i just steamed on, and the following month i put the invoice in, and im still waiting...

Hi was it a big company? and did you sign contracts.

Thanks

Mark

 

[Guest123]

basically agreed £40 a circuit

Fair play....thats an awsome price....

 

[eddielarge]

Fair play....thats an awsome price....

yes , he offered us £20 at first then on the first day it all went wrong, with access etc,, so he had a rethink and i almost fellover when they said £40...

But untill i get paid its worthless....

The funny thing is ,, they are an air com company with no knowledge of testing , and if they offered me £40 how much are they getting,,

 

[eddielarge]

Looks like statutory demand and a thousand threats has worked as i have recieve £6000 this week with the balance agreed to be paid on 1st May 2010

 

[Sintra]

Nice one next rounds on you.

 

[flip73]

congrats, i was just about to post that stat demand kind of worked for me, but because it was over a few invoices they contested a couple and still ended up in court , but won in the end.

 

[bugsy]

Nice one! now go for the intrest and expenses