Hi, I'm a sole trader and have been running a web design business for the past couple of years.

I'm currently registered in the UK but living abroad (since March 31st) and seeking to resolve my one and only non-payment before wrapping up the company and trading in the US when my permit comes through.

The non-paying client is a UK Limited company that is not currently dissolved but seems on the brink of doing so / being forcibly closed ("Status: Active - Proposal to Strike off " ?). They've certainly stopped trading at their registered address and have shut down their website /email. They've also apparently never filed taxes since forming in Dec 05!

I know the Director personally, having worked together at another marketing / design agency. That agency hit hard times (massive non-payment from core client) and I set up my own little web design company after being made redundant. He was also made redundant and set up a limited company doing web/print design with our old boss on board as another Director. The old boss subsequently left within a year after witnessing first hand the jaw-dropping fiscal irresponsibility of his partner.

Did a few little jobs for him ignorant of the above issues but I got paid no problem. However, the last job was worth ?50 and he didn't pay for 6 months (invoiced sep 07, due oct 07), at which point I lost patience and gave him until the end of the month (March 08) to make payment or I'd look into making a claim to get the money back. He was very apologetic on the phone, as he always was when making excuses, and it sounded like he'd pay, except he didn't.

So here I am wondering what my options are.

I've filled out a claim on the Money Claim website and inserted his home address for correspondence rather than the now defunct business address but I've filled the claim out against the organisation rather than him as an individual. It's the only way I know that he'll get the correspondence..

I've not actually hit the Submit button on it yet.

Does it sound like I am likely to get my money back in this situation?

I still have all the site development files and much of the email correspondence from during and after development. The website itself is still online since he received full payment from the client, charging what I suspect was a lot more than the amount he agreed to pay me.

Any thoughts or suggestions would be greatly appreciated.

Cheers,


Grant
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HI,
Dont hit that submit button just yet. we can help you with no further costs to you. We offer no collection no fee low commission rate to all members. Send me a pm and Ill email you on how we can help you.

Dont give up yet we can get your money.

Simon

Central enforcement agency
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Grant, for ?50!!!!!, forget it and move on. Consider it an investment in your sanity.

Steve
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HI

Dont ignore this debt its your money collect it before its to late!!!!!

simon
central enforcement Agency
Debt collection
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?50 should not be ignored! You work hard for your money - why should someone get away with it scott free - at your expense?

Jamie
EC Credit Control
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I agree with EC Credit control. Welcome to the forum. That makes three debt collection companies on here. So between us we should be able to resolve members issues.

simon
Central Enforcement Agency
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Hi Grant,

You say you've invoiced for the ?50 and I'm guessing it was to his Limited company? In which case I doubt you'll see any monies as he isn't personally liable
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Hi Grant,

You say you've invoiced for the ?50 and I'm guessing it was to his Limited company? In which case I doubt you'll see any monies as he isn't personally liable

Ian

Ooops, hit enter twice
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Ignore ?50 !!!!

I took a host to court for ?9.83.

Why let any company get away with it.

If you get a CCJ they have much greater chance of getting into trouble if they try and dissolve the company knowing it has debt, where as a claim to the money will carry less weight.
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I'm not saying ignore it, but if he invoiced the Limited company I don't suppose the Director really gives a toss about a CCJ on a failed business
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Obtaining a County Court Judgment is often not the difficult part. The tricky part is then devising a method of enforcement that gives you the best chance of success.
If the OP would like a free and discrete chat about their options then I would be happy to help and provide advice where I can :)
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The non-paying client is a UK Limited company that is not currently dissolved but seems on the brink of doing so / being forcibly closed ("Status: Active - Proposal to Strike off " ?). They've certainly stopped trading at their registered address and have shut down their website /email.

Hi Grant, iankmf is exactly right, if you invoiced the Limited company then unless the guy is trading insolvent, which it doesnt sound like he is because your saying the website/email are all gone and so has the trading address shut down then he isnt personally liable for the debt and any CCJ's will go against the company name not him.
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Unless an invidual is a guarantor you cannot sue him/her for the company's debts.
You can go on the web and print off a summons and issue it yourself. An alternative is a collection agency but a writ has to be issued first and if the Limited Company has no tangible assets ....
If the collection agencies responding here have no upfront fees then give it a go.
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Many thanks for all the replies, one of the reasons I held off on going ahead with the MoneyClaim route was hoping for precisely this kind of information. :)

I'd also ran the issue past my uncle, who handles my UK accounts, and he's also recommended a collection agency, one who will send a letter for just ?+VAT, which might prompt a resolution before going to court. Doubt it but it's worth a shot for a couple of quid, right?

To those who advised against any kind of action and writing it off as "experience", that's actually not bad advice but my financial situation right now (in a new country and unable to work until I get my permit in July / August) means that in this case it's probably worth the 10% or so I'll lose in court / collection fees. If nothing else it'll pay for the shipping of my personal effects!

My main concern at this point is what iankmf has pointed out; I invoiced his Limited company, which to all extents and purposes is no longer trading regardless of what info I thought I found on Companies House.

I'll try out a letter initially and contact some of the debt recovery members who posted earlier to get an idea of the costs involved.

I'm 8 hours behind GMT here so it will likely be another day or so before I'm calling any offices during UK business hours. ;)

I'll go press some thanks buttons, quite a few posts have been very useful!
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