Bad debt

Sid

Member
Livestock Farmer
Location
South Molton
From taking the advice on here it seems you can walk onto a property and take something with no proof of an outstanding debt.

Could even send a fake invoice stick payable within 7 days then wander in.

What happens if this guy hasn't received the invoice?
 
As said, a letter giving 7 days to settle, or small claims court, with all costs and interest added to the final invoice.

Options after that if debt isn’t paid, are a possible Writ of Garnershe, ( sorry if spelling adrift) but basically you take charge of payment for goods sold by the debtor. Providing he / she has assets to sell, which outstrip the value of you debt.
Bankruptcy petition, would curb the ability to rip anyone else off.

It’s theft. Don’t walk away...
 

Bongodog

Member
Firstly you need to work out if your debtor falls in the can't pay or won't pay category.
If they can't pay you are just wasting money taking them to court, I can easily predict that if you go down the court route you will discover they owe on the electric, council tax, credit card and so on.
The won't pay category are worth pursuing through the the courts as they have assets that the bailiffs can walk away with.
Some debt collectors charge an upfront fee, others take a % of the money recovered I will only use the latter these days, yes you potentially get less back, but you don't go sending good money after bad.
On Friday I received an unwelcome letter to say that a client has obtained a debt relief order, this means that no one can make a claim against them for 12 months. On the schedule I'm owed £1188, unfortunately the credit card company, utilities and local council are all owed a lot more than I am so my chances appear to be very low.
The best way I've found is to agree a payment schedule with the debtor, if you go to court they usually make a monthly repayment order that is less than you would have negotiated anyway, plus you have the court fees to add on as well. Its not just the headline fee mentioned earlier, thats just the application fee, there are additional fees for issuing a judgement, sending round a bailiff etc and hefty fees if there is a court hearing
 

chaffcutter

Moderator
Arable Farmer
Location
S. Staffs
Try turning up to see how they view the debt, might pay up if you threaten with court action. If no response send statements of the debt recorded delivery reiterating the recourse to court, if no response the do a small claims on line. Don’t go to the expense of solicitors etc, a court judgement in your favour will usually do the trick because it will affect their credit rating if you get a CCJ.
Whilst I’m on the subject, I lost a small claim at the court hearing because I had stopped the cheque when I was unwilling to accept the goods on delivery and sent them back. So be careful.
 

Bongodog

Member
Sadly not a lot if they are hardcore and lots of people are chasing them they'll know the rules far better than you and you'll find legal means are expensive and near useless. It's often cheaper to write it off. Otherwise try confronting them where they'd least like it to happen and if that doesn't work you've got to get devious but make sure you don't get caught because again the law is on their side.
When they least expect is a very good option, one rather fierce wholesale butcher locally used to do his debt collecting for pubs and restaurants at 8pm on a Saturday evening, he knew there would be cash in the till, and they didn't want him shouting the odds in front of their packed dining room.
 
From taking the advice on here it seems you can walk onto a property and take something with no proof of an outstanding debt.

Could even send a fake invoice stick payable within 7 days then wander in.

What happens if this guy hasn't received the invoice?
From all the texts messages he has sent telling me that he will pay “today” and the fact QuickBooks tells me he has opened the invoice. I’m pretty sure he has received them
 

cows sh#t me to tears

Member
Livestock Farmer
Farmer bought straw off me. Known bad payer I hand found out now,
Doesn't help now. But golden rule with bales here...nothing gets loaded on a truck without the money already being cleared. No its, no buts.
I also use a "brokerage firm" to market my hay through. They get paid first. Then pass it on. Weeds out any dodgy buyers. Surprised you dont have something like this over there?

 
Firstly you need to work out if your debtor falls in the can't pay or won't pay category.
If they can't pay you are just wasting money taking them to court, I can easily predict that if you go down the court route you will discover they owe on the electric, council tax, credit card and so on.
The won't pay category are worth pursuing through the the courts as they have assets that the bailiffs can walk away with.
Some debt collectors charge an upfront fee, others take a % of the money recovered I will only use the latter these days, yes you potentially get less back, but you don't go sending good money after bad.
On Friday I received an unwelcome letter to say that a client has obtained a debt relief order, this means that no one can make a claim against them for 12 months. On the schedule I'm owed £1188, unfortunately the credit card company, utilities and local council are all owed a lot more than I am so my chances appear to be very low.
The best way I've found is to agree a payment schedule with the debtor, if you go to court they usually make a monthly repayment order that is less than you would have negotiated anyway, plus you have the court fees to add on as well. Its not just the headline fee mentioned earlier, thats just the application fee, there are additional fees for issuing a judgement, sending round a bailiff etc and hefty fees if there is a court hearing

Agree with all that.

But bad publicity did it for us - twice.
First time around, and after a court judgement, we were shocked to find out just how many CCJs the first chap had. We'd added all costs to the bill (solicitors, court and interest) so not out of pocket, and eventually threatened a bankruptcy petition, if the monies weren't forthcoming.
They paid - in cash. ;)

The second fly by night was for tack sheep keep. Unpaid monthly as agreed, then said woolly things removed on Christmas Eve with a cheque to cover their 3 months B&B - it bounced. Then several rubber cheques. He had the misfortune to be down here, representing a national sheep breed society, so I used them as leverage as we'd met him wearing this society's hat.
I also spoke to his bank manager and laced him for allowing this scrote to be on the loose in charge of a cheque book, when he had no funds to cover said cheques. And one phone call to his wife, who was divorcing him. (That was a long phone call) It was this lady who eventually paid up.

Theft is still theft.
 

Muddyroads

Member
NFFN Member
Location
Exeter, Devon
A local landscaper was owed quite a bit of money for a garden makeover, fencing, decking, patio etc.
Every time he rang or called in the wife answered the door and said he was out or away on business. The same answer was given to him on his last visit, so he fired up the chainsaw that he’d put beside their front door and said he was taking back all the materials he could salvage as they remained his. Mysteriously the husband suddenly appeared with the cheque book in his hand.
 

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