Anyone had any experience of using HM courts and Tribunals Service for outstanding money owed? Did you get a successful outcome etc? Gone through all the correct procedures emails, phone calls, texts, website message, socials and finally a letter in writing which they've signed for but ignored. Never had a one reply from them, they are lying low, sole traders so not sure what protection they have in place. I understand their situation and would be willing to work to an outcome favourable by both parties and have stated this but they've breached the contract which I have a copy and haven't communicated, despite me giving them every chance, there's probably 50 other people effected.
Have you let them know about pending legal action to give them a chance to respond? Is this an MCOL claim? Often difficult to nail down sole traders, particularly if it’s for a significant value.
Yes I sent a letter signed for along with copies of all my emails and communication since July 27th, a copy of the signed contract by both parties. My letter stated that unfortunately as their had been not contact if I didn't hear back from them within 7 days, unfortunately I would lodge a claim via HM courts and Tribunals, put all my contact details on and even said at thus stage I'd still be willing to work with them but would have no choice should they not contact me.
Then I think you carry on your projected course. I had a successful outcome but it was against a large corporation taking the **** so it was just a matter of making them see sense. Happy to offer any advice if you are using the online service which depends on how much you are claiming.
I've won all the few claims I've made over the years, but had to abandon one, as it was obvious I was not going to get paid, as the venue have filed for bankruptcy. Time consuming process, but has to be done at times.
Yes, few times and have won each one that got that far. With a sole trader you have to be a little bit careful as it’s easy for him to just shut the business and you’ve wasted your time and money.
First question you need to ask yourself is, are they worth suing? I.e. are you sure there are sufficient assets owned by the debtor that can be enforced against. Depends on the size of the debt, how much the costs will be. Have you considered how you will attempt to enforce the Judgment? The majority of Judgments are given in default (they don't defend), but that is not even half of the battle.
Depending on the size of the debt you might be able to send a statutory demand, which means if they don't pay you could start bankruptcy proceedings. I generallt wouldn't recommend following it through as there's a costly deposit and no guarantee of owt back, but the threat of insolvency proceedings is often enough to prompt payment and it's a lot quicker than a court claim if it works.
