How can a debt be recovered?

The company owing keeps saying it`ll be paid back by a certain date but it never is, the MD himself has written saying it`ll be paid and has verbally stated the same.

Does the MD have to take responsibility for the debt and if so can he be sued
for it, can he be charged with theft and can the debt be sold to a debt collection agency?

Thanks

Just sue them.

Don't try and make life more complicated by talking about theft - threaten them with a CCJ and if they can pay thew will pay, or they'll end up with a judgement against them.

http://www.justclaim.co.uk/index.php

If it's a Limited Company, you'll be suing the company; if a sole trader or partnership you'll be suing the individuals involved.

Only do this if you never want to do business with them again. Have you tried asking them to pay you on a month by month basis, stuff like that?

Thanks for the link Joep, they keep saying that they`ll pay by a certain date and then nothing ever happens, this has gone on for 6 months now and it`s very frustrating.

A CCJ is like the prospect of being hung in the morning - it concentrates the mind wonderfully.

If it's a 'Small Claim' then the process is pretty well streamlined.

Make sure you have ALL your paperwork together, and it's probably worth dropping them a letter by recorded delivery saying that unless you receive full payment by xxxx you will initiate court proceedings.

That may do the trick.

If the judgement goes against them, they will be told to pay you and any court costs within 28 days (I think) of the judgement. If they don't then the court bailiffs will pay a visit.

As I said, if you've tried the other optons, and don't want to maintain a relationship with these people, go this way.

If you are going through the SCC, write them a letter something like this.



LETTER BEFORE COURT ACTION

Re: Invoice# Amount Due: £xx

Dear Non-paying son of a bitch (insert name here natch)

Due to your continued non-payment of the above amount, court action has been commenced against you.

This letter is a formal demand for the payment of the due amount. This letter will form part of our case against you.

You now have SEVEN DAYS from the date of this letter in which to send full payment to avoid court action.

After SEVEN DAYS you will have to pay ALL recovery costs, even you you decide to settle in full.

Yours faithfully
Mr Spitting Feathers.


Alternatively, leave it (if it's a small amount) and just badmouth them for non-payment.

How can a debt be recovered?

The company owing keeps saying it`ll be paid back by a certain date but it never is, the MD himself has written saying it`ll be paid and has verbally stated the same.

Does the MD have to take responsibility for the debt and if so can he be sued
for it, can he be charged with theft and can the debt be sold to a debt collection agency?

Thanks


Why not put something in a newspaper which would then give them bad publicity and nobody would want bad publicity as it would put other people going to do business with them

In some cases you can get the costs of debt recovery added on to the debt, but in other cases you can't.

I'm not sure of the difference.

In the cases I've had to sue people I have been able to add the cost of my legal fees onto the debt.

And in all cases I have been paid the debt and the fees.

However, I know plenty of people who haven't been paid even after obtaining judgment against the person who owes the money.

Good luck.