If a person or company owes you money and won't pay, there are ways of recovering the debt. The action you take will depend on the size of the debt and your ability to prove that you are owed the money. Speak to the person who owes you money. You may be able to informally agree a plan to get the money repaid. If that doesn’t work, you can write a letter. Tell them: It's important to include information like: You should avoid: If you are unable to come to an agreement over the debt, you can get help negotiating a solution using a mediation service. In mediation, someone from a mediation service helps two sides find a solution to a
dispute. It can be quicker, cheaper and less stressful than going to court. The court will expect you to try to solve the dispute through negotiation or mediation before going to court. If mediation doesn’t work, you can still take a case to court. Using a solicitorIf you’re not able to come to an agreement, it can be helpful to discuss your case with a solicitor who's experienced in debt recovery. For a fee, they can write a letter to the person who owes you money. The letter can tell them that legal action may be taken if they don't pay. A solicitor's letter can produce quick results. Talking with a solicitor can also help define your case in legal terms and help identify further action that may be available to you. Sometimes solicitors will work to a fixed fee. If they are charging an hourly rate, this is usually around £50.oo an hour.
Using a debt recovery agencySome companies specialise in debt recovery and will employ a solicitor to take legal action to recover your debt. They may charge a fixed fee or take an amount of the money they recover on your behalf. It's possible the agency might not use legally trained staff. Recovering debts through the courtsIf you can't reach agreement over the matter in any other way, you may want to make a claim in court. This is normally used as a last resort. It's a good idea to seek independent legal advice first. It's important to remember that:
If win your case, you may have to apply to the Enforcement of Judgments Office EJO) to ask them to try to recover the money on your behalf, as the court won’t enforce a judgment. There are further fees that the EJO will charge you to enforce your judgment. You can find out more information by contacting the EJO at: Claiming onlineWhere the value of the claim does not exceed £3000, you can make a claim online using the Small Claims service.
More useful links
If an individual, group or organisation owes you money and refuses to pay, there may be ways you can recover the debt. The action you take will pretty much depend on how large the debt is and your ability to prove that a certain sum of money is, in fact, owed to you. In any case, it’s important to know what the next course action should be in case someone refuses to clear their debts with you: Contact the borrower If you are successful in contacting the person, then that’s good news. It means they are willing to pay, perhaps not now but at some point. Speak to them very politely and courteously, telling them that they are past due and that you need them to pay you back. Come to a formal agreement and ask them to give you their word in writing. Sometimes, this may not go as planned so you might want to write a letter, reminding them:
In addition, the letter should also have:
With that said, do not use any threatening or intimidating language, as you do not want to get drawn into a heated argument. Also, avoid mentioning anything about legal action, as that should always be done as a last resort. Ask the courts for help If you can’t establish contact with the debtor or they simply refuse to acknowledge any of your correspondence, then you might register a claim in court. This, again, should be done as a last resort, so it’s always a good idea to seek independent advice first, such as that offered by a debt collection agency. When filing a claim against unpaid debts, keep the following in mind:
Talk to a debt collection agency Debt collection agencies have specially trained solicitors who have legal authority to do whatever is necessary in order to recover your debt. They may employ additional legal staff as well in order to strengthen your case and put the spotlight on the debtor. Talk to Cobra Financial Solutions If none of the steps above work, then it’s time to give us a call. Our approach to debt recovery at Cobra is unlike the above. We don’t believe in lengthy court battles, mudslinging and playground antics. We simply think that if you’re owed money, you deserve to get it back. So, with this being always at the forefront of everything we do, our costs and approach to work are determined by the way we handle ourselves in these types of situations, and we are certainly not restricted by statutory court processes and exuberant solicitors’ fees. Call us now on 0151 526 4222. How do you prove someone owes you money UK?Using a solicitor
For a fee, they can write a letter to the person who owes you money. The letter can tell them that legal action may be taken if they don't pay. A solicitor's letter can produce quick results.
What to do if someone refuses to pay you back?What to Do When Someone Doesn't Pay You Back. Give gentle reminders. People are busy, and sometimes they forget about the money they owe. ... . Renegotiate payment terms. ... . Have them pay you with something else. ... . Get collateral. ... . Offer to help with financial planning. ... . Ask to use their credit card.. What legal action can you take if someone owes you money?If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.
What to do when someone owes you money and ignores you?What To Do When Someone Owes You Money And Is Avoiding You? If it seems like someone is avoiding you, so you can't collect your debt, the best step is to deal with them via the small claims court. It's likely you'll need their home address so they can be served with legal papers.
|