Can't Pay /Won't Pay

[stevense19]

I am experiencing a very obstinate client who is refusing to pay his invoices every month.I have given him every possible chance to settle this dispute.
I have employed debt collectors, enforcement officers to recover the debt with a CCJ of which has now been set aside, after a one-sided hearing of which my representative the claimant( failed to attend) and the claim was struck off.
Can I still pursue this debt for 6 years under the limitations act or will it be statute barred?
Is it ethically wrong for a one man trader to accept the services of another and refuse " blatantly" to honour their debts.
Does anyone on the forum have any advice or ideas, to recover this debt.

[Amethyst]

Re: Can't Pay /Won't Pay

Are you still providing the service to the client ?

[stevense19]

Re: Can't Pay /Won't Pay

Hello Amethyst
Services have not be taken up since the debt collectors were instructed to recover the debt.

[ploddertom]

Re: Can't Pay /Won't Pay

I have employed debt collectors, enforcement officers to recover the debt with a CCJ of which has now been set aside, after a one-sided hearing of which my representative the claimant( failed to attend) and the claim was struck off.

Debt Collectors have no powers and can be ignored. Can you explain more about the CCJ? Did you instigate the proceedings? Who was your representative? If they didn't attend on your behalf little wonder Set Aside was granted. How long ago was the Hearing?

[stevense19]

Re: Can't Pay /Won't Pay

Debt Collectors have no powers and can be ignored. Can you explain more about the CCJ? Did you instigate the proceedings? Who was your representative? If they didn't attend on your behalf little wonder Set Aside was granted. How long ago was the Hearing?

Thank you for showing an interest in my dispute.
It was suggested by the recovery agent to manage the claim after the usual court protocol was adhered to.
The claimant was the recovery agent with me the client as a reference to which copies of the court case would be sent.The debtor filed a late defence after the claimant had secured the CCJ by default.
The claimant was instructed by me to enforce the CCJ and recover money or good to the value of debt.
The debtor paid a fee and application for CCJ to be set aside was granted, pending allocations hearing at a later date.
At the Directions hearing the debtor was awarded the case by default due to claimant failing to attend.
I wa not informed of the court decision till it was too late (2 weeks) to appeal.When I did appeal I was informed I was not the claimant on register.
The CCJ was struck off and claimant's claim was also struck off.
The Directions hearing was around easter time 2013.
I have been communicating with debtor but he has ignored and refused to contact me.
Your comments and views would be appreciated. What action would you take in this position.?

[Amethyst]

Re: Can't Pay /Won't Pay

So basically you paid a recovery agent to bring a claim for you.

The defendant didn't respond until you had default judgment, then applied for a setaside, got it, defended, and won the case (by default as your recovery agent didn't do his job very well)

So what debt are you trying to claim from him?

[stevense19]

Re: Can't Pay /Won't Pay

Thank you for feedback.Debtor instructed me to manage his book keeping and tax affairs for tax years2008-2011.I invoiced him 2008/2009 £200.Paid in full 4X£50.00 cheques which subsequetly bounced.He eventually after a time paid in full.
Tax Year2009/2010 £500 Part of 2008/2009 arrears) eventually paid in Full.
Tax Year 2010/2011 unpaid £400.26.+ debt collector costs and court costs.CCJ awarded by default.Set aside after directions hearing.claimants claim struck off. Notification of court decision received too late to appeal. When appeal was made, not allowed due to claimants name( recovery agent) not mine on case file. Was advised to make application for fresh claim in my name now going through the court protocol to apply for a hearing to discuss judgment +ask for late payment interest and compensation for delaying payment.
Your views onthis dispute. The debtor says he owes no money and is not prepared to pay.

[Amethyst]

Re: Can't Pay /Won't Pay

So as things stand you don't have a judgment against the debtor and the claim that was bought on your behalf was struck out.

He owes you £900 from invoices that have not been paid.

So now you're bringing a new claim in your own name?

If the invoice was 2011 then you're within the limitations period so that side is fine.

It really depends on the reasons for the strike out of the original claim bought on the same cause of action. Does the debtor deny owing the debt or have an issue with the service provided?

[ploddertom]

Re: Can't Pay /Won't Pay

He owes you £900 from invoices that have not been paid.

From what I see the only outstanding sum is from 2010/11 = £400-26. The court costs & debt collector costs you mention are the fault of your "recovery agent" as they failed to follow through correctly and it is to them you should seek these back although they will no doubt squirm. As for the way forward, follow what Amethyst says in her last paragraph.

[stevense19]

Re: Can't Pay /Won't Pay

Thank you once again for your interest.
Yes on both counts.Actual judges wording
Quote" Upon hearing the defendant in personand the claimant not attending,
And upon the defendan tinforming the court that he has had no dealings or enterered into a contractual relationship with the claimant.
And upon reading a letter from the claimant dated 27/1/12
And upon there being no evidence that there has been any legal assignmentof the alleged theft from me ( named reference).
itis ordered that
1. Claimant's claim is struck out
2.any party affected by this order may applyto set aside within 14 days of service of this order upon them,
your feedback most welcome/
dated 20 march 2013. Unquote/

[Amethyst]

Re: Can't Pay /Won't Pay

Ok, your debt recovery agent bought the claim in their own name which is why it was struck out, as the debt is not theirs to claim and the defendant quite rightly stated he had no contractual relationship with them.

He has a contractual relationship with you - and you should bring a claim, yourself, for the outstanding £400 invoice. Use a solicitor to act on your behalf if you feel you need to, but the amount you are claiming may not make that cost effective, as you have already lost out paying the debt agent.

The money you paid the debt collection agent is lost as are any court fees you paid for him to mess up the claim.

Was he a professional firm? You could ask for a refund but wholly depends on agreement between you over the claim.

[stevense19]

Re: Can't Pay /Won't Pay

Thank you very much