CCJ for unpaid work

[jfb]

I am considering making a claim for unpaid work from a plastering company for a couple of grand.

It was for work done over a period of time in 2017 and I sent a final invoice in December 2017. I think (maybe wrongly) that there is a 3 year time limit on claims so want to get on with it.

Basically I got paid for some work early on but carried on working too long without getting paid.

In January 2018 I managed to get him to email me a credit note on headed paper for the full amount.

After months/years of no communication from him and apart from 2 payments of hundred quid it has proved impossible to get him to pay.

 

I haven't tried any form of alternative dispute resolution because I know from my dealings with him that it is pointless.

I know that he has had multiple CCJs against him.

He is still trading under the same name.

 

Just wondering if anyone has any advice/words of wisdom.

And if I get a ruling against him how can I force him to pay? Is it a case of debt collectors?

 

[ProDave]

On the few occasions I have had a bad payer, I have always resolved it by sending a "letter prior to action" which basically states if the debt is not paid within 14 days you will hand the debt to a debt collection agency and they will peruse it through court if necessary and add their fees to the eventual amount due.

 

And I was prepared to do just that, I had even discussed it with a debt collection agency.

[Oz07]

look into small claims court easy enough you will have to give 28 days notice by sending a letter before action. If no reply in that time then submit your claim online

 

[Temp]

+1 

 

https://www.gov.uk/options-if-youre-owed-money

 

https://www.gov.uk/make-court-claim-for-money

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

If you win in court but he still doesnt pay there is £66 fee for sending bailiffs.  If they cannot recover your money and costs from the debtor I think there is a further £75 fee you have to pay. ..

 

https://thesheriffsoffice.com/articles/high_court_enforcement_officer_or_county_court_bailiff

 

I gather its quite important to take the right entity to court. Eg no good claiming against his company if he hired you in a personal capacity. So collect all paperwork, emails txt messages you have and check for consistency so he can't later claim you have taken the wrong entity to court. 

[Oz07]

I've just had eon on the blower threatening to send debt collections for an amount owed. They will actually owe me money as they have the wrong readings but are disputing who has to raise the 'complaint' new supplier or themselves. I though Ofgem had only just allowed energy companies to chase debt and not aggressively.

 

Will they have to secure a judgement against me before sending debt collectors or can they engage these companies without a judgement?

[PeterW]

16 minutes ago, Oz07 said:

I've just had eon on the blower threatening to send debt collections for an amount owed. They will actually owe me money as they have the wrong readings but are disputing who has to raise the 'complaint' new supplier or themselves. I though Ofgem had only just allowed energy companies to chase debt and not aggressively.

 

Will they have to secure a judgement against me before sending debt collectors or can they engage these companies without a judgement?

Call them and put the account into dispute. They then have to stop as you cannot chase an amount where the value is disputed (OfGem rules) and they have to go to mediation.