Client Won't pay!

Discussion in 'Painters' Talk' started by Dr Decorator, Dec 30, 2016.


  1. Right now he hasnt got any money, not even a tiny bit.

    Plus, who will be able to hold his head up and who will forever know his place.

    Imagine that situation in your family.

    Personally if it took me 10 years to get the money after the judgement, I would still be happy
     
    KIAB likes this.
  2. joinerjohn1

    joinerjohn1 Screwfix Select

    You've been watching far too many episodes of "Can't pay we'll take it away." DA. (must admit it's a great program) I wonder just how long it takes to get to the stage of calling in the Sheriffs Office though? From what I can see, all of the debtors featured on that program have already been through the small claims/ county courts, which can take quite a long time. Watching it the other week, there was one chap who owed (literally) tens of thousands. His debtor must have been able to withstand that loss for a fairly long time. I know if someone owed me a couple of thousand, I couldn't stand that loss , even for 6 months.
     
  3. In one hit if he wants.

    Courts aren't run by fools.
     
  4. koolpc

    koolpc Super Member

    Thats a new one on me! Look at the sentences they dish out! o_Oo_O
     
    palavaman and b4xtr like this.
  5. Whatevs, JJ.

    The guy will cough up as soon as the SmallClaims letter hits his doormat - almost certain. He's a chancer, not a hardened criminal.

    If he insists on challenging the case, then he will almost certainly lose the case. He will then have a rather large dollop of egg on his face.

    That will almost certainly be enough. He will have been exposed in his family and friends circle as being a conniving bar steward.

    That's usually enough.

    Now, imagine his fall from grace when he is threatened with the Sheriff's Office?!

    This weak person's self-persona ain't going to take the blow. He's all bull. He will crumble from the off.

    I really don't know what sort of world you live in, JJ. It does not seem to contain any normal people.

    Or perhaps they are normal, but you are simply cynical?
     
    KIAB likes this.
  6. There are fools indeed. But not in the courts.

    They are usually confined to those who read the Mail or Sun.
     

  7. Agreed.

    The papers pick up the headlines of some sentences without giving enough detail and reasons of the case. The detail is far more informative.

    But it works. Not many people read past the headlines, do they?

    Newspapers want sales and profit, not fairy tale endings
     
  8. Dr Decorator

    Dr Decorator Active Member

    Gone down the legal route, lets see what happens.

    Most disappointed!
     
  9. jonathanc

    jonathanc Guest

    make sure you also recover your costs of going down the legal route. I presume this is small claims court?

    keep us updated and good luck - do not be put off
     
  10. KIAB

    KIAB Super Member

    Shame, but sometimes it's the only solution.

    Keep us upated please.
     
    Joe95 likes this.
  11. Good luck, Dr - fingers crossed.

    (I'm betting the guy will crumble as soon as the letter hits his mat...)

    Does he know in advance you are doing this, Dr? Or will it come oot of t'blue?! :)
     
    Joe95 and KIAB like this.
  12. Iron_Mike

    Iron_Mike Active Member

    Good luck, hope it gets sorted.
     
  13. Dr Decorator

    Dr Decorator Active Member

    Thanks for the support guys,

    It will be out the blue, as he does not reply to emails

    My solicitor said the letter will act as a reminder and show I'm not messing

    Fingers x that will be sufficient
     
    KIAB likes this.
  14. jonathanc

    jonathanc Guest

    sorry mate your solicitor is talking rubbish so that they can charge you money

    look up money claim on line - issue small claim court papers yourself - cost about 50 quid or less. The benefit is that official court papers will land on his door mat and not some solicitors letter which means nothing. 28 days from issuing court papers if he does not respond, ask for a judgement against him

    to be honest if you go down small claims route you are better off without solicitor anyway because the small claims route is for individuals to use without advice
     
    Joe95 and Phil the Paver like this.
  15. Phil the Paver

    Phil the Paver Screwfix Select


    Absolutely.

    I even posted the link on page 1 for Money Claim Online.

    Not even sure you can claim back solicitor costs back in small claims court.
     
  16. Dr Decorator

    Dr Decorator Active Member

    The gamble I took was for £50 they will send a LBA, I'm hopeful that will be enough to put the squeeze on, I can go down small claims after.

    Also I want a watertight terms and conditions draughted by lawyer to avoid any future scenarios.

    Advice appreciated, thanks
     
  17. jonathanc

    jonathanc Guest

    I really hope you get paid but 50 quid for a letter like that is a rip off. All the letter needs to say is "you owe me money and have 14 days to pay or it goes to court"

    It can be signed by you, a solicitor, barrister or your aunt. Doesn't carry any weight
     
    Dr Decorator likes this.
  18. Perhaps not, but it is usually seen as the 'first step', and anyone receiving one should sober up and realise this guy is ready to act.

    If he doesn't respond, then probably worth considering the SamallClaims/MoneyClaim route as it'll almost certainly be a lot cheaper. However, by all means ask your solicitor for a quote for pursuing it through him.

    Bear in mind, tho', that if it does come to a 'court' attendance - as it would with Small Claims - then you will be on your own 'cos to have your solicitor present would surely cost £undreds? So, if that bit is on your own head, might as well make it all :).
     
    Joe95, btiw and Dr Decorator like this.
  19. Dr Decorator

    Dr Decorator Active Member

    Update:

    After a lengthy wait, Solicitor had finally drafted LBA which I have approved and should be sent immediately I guess.

    I have to say, it scared the life out of me reading it, I now hope it has the desired effect!
     
    chippie244 likes this.
  20. Mrmatt

    Mrmatt New Member

    I'm quite fortunate in that I have a friend that is a solicitor as well as a judge.

    Best thing to do is keep every single piece of information that you have sent to him and vice versa. Most people will slip up if they're lying via the paperwork route...

    That being said small claims court really isn't that good of an idea. I've just had something similar but not only has he lied on the forms...he's also not filled it in correctly or followed the correct procedure....so basically the whole thing may not even go to small claims court solely because he didn't follow the correct procedure AND he may end up owning me hundreds as well as the solicitor fees. The whole thing was a lie but he didn't follow the guidelines so it could be thrown out of court.

    What I'm trying to say is try to avoid small claims court unless you have a good solicor.

    On top of that unless you are willing to pay a fee for the solicitor to represent you which for example mine is I think £150 an hour or £225 through his firm then your be representing yourself.

    It takes about 6-9 months to get to court not including the initial paperwork.
     

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