• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Small debt against limited company.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Small debt against limited company.

    Happy New Year to All

    Thank you in advance for any tips/pointers.

    My son is owed £360 for a job he did in November 2018 - yes 2018! He had a conversation with someone at the company last July chasing payment and sent them dets again,but they still didn't pay. At end of November just gone I emailed them (I now help with my son's accounts) and attached job sheets and invoice and emails proving the job was approved at the stated price etc, and asked for payment. So it's now been more than 30 days, and they've not paid. I checked Companies House and they are not short of money. I'm now considering the small claims route. So plan is to send them a 'Letter Before Action' email giving them two weeks to pay, after which we'll (meaning me as I'll do the leg work) issue small claims proceedings. I have two questions: if I go through the process of initiating action in the small claims court but then they pay up, do we lose the £35 fee, and is it easy for us to cease the action if they do pay? I cannot see how they could have any defence as emails prove job was approved at the price agreed before work was carried out, although the guy who my son originally dealt with no longer works there. Thank you. PS: I tried to telephone their accounts department to speak to someone but conveniently there is no phone number for accounts, only an email address, which is very frustrating.
    Tags: None

  • #2
    Your claim would be for 360 + 35 = 395. Personally I would add on more for my administration charges (I assume your son is self employed ?)
    If they sent you 360 (or any other sum) it would be up to you to either accept it and cancel the claim or carry on with the claim.
    It's pretty easy to discontinue a claim, you can do it all online. In fact if both parties do nothing it will just get struck out anyway.

    Comment


    • #3
      Thank you so much, Luxardo, that's really helpful.*

      Comment


      • #4
        Might be worth googling "Late Payment of Commercial Debts (Interest) Act 1998"

        Comment


        • #5
          Thanks vm PlodderTom, a good point, will do.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X