Small claims court advice

[Gwaredd]

Morning.

Just wondering if amyone has any advice/experience on the following:

Last year I did some work for a new business. I got a deposit up front, then part payment after as they were having a cash flow problem. Fairly standard.

Long & short of it is; they owed me £500.00 & we ended up taking them to court over it & we won. Helped by the fact he didn't even turn up. Judge was pretty good & decreed he pay immediately, with no 14 day grace as usual.

Trouble is, he still hasn't paid. We've looked into freezing his bank, but that costs a further £100.00 (according to the internet). The courts don't answer their bloody phones so we can't get advice off them & companies house is showing that he's been struck off as he's not filed his accounts/tax.

I'm loathed to throw more money at this, but hate people getting away with it. What's the point in paying to go to court if he can just walk away from his business? (Ltd I may add).

Do I walk away or is there a further avenue I can pursue?

[tim]

Walk away mate, it's not worth the hassle unless you're on the breadline for £500.

[Jobbo]

If the company has been struck off and your judgment is against the company, you're not going to get anything.

[NotoriousREV]

How long does it take you to make £500? If it's going to take longer than that to recover (which it sounds like it is because it's unrecoverable), then don't bother.

[dan]

Its easy to say write it off when its someone else's money though, even if it is a small amount its the principle of being ripped off that stings the most.

Find out where he lives and beat him with your wooden leg.

[Jobbo]

Dan, it's a lot easier to say 'write it off' if the company no longer exists so there's no prospect of ever recovering anything. It's more of a win not to waste any more time pursuing a lost cause.

[speedingfine]

Are you sure you didn't give the court the wrong address Gwarred?

[GG.]

I would've thought the easier way to deal with non-payment in these scenarios would be to take out the relevant credit insurance - I'm not sure how feasible that is for small amounts/one off transactions though - may well be uneconomical.

The consensus of advice above is correct though - if pursuing this bad debt distracts you from your day job and eats up time you could be using to generate revenue for your business then it isn't worth pursuing. Doubly so if the chances of recovery are zip.

[Jimmy Choo]

Would it be worth getting a debt collector in?

[Gwaredd]

Thought as much. The real deal is that I had a gut feeling about this job when I took it on, so the deposit taken covered everything cost wise, so we've not lost out really. As it was, we were in a good financial position to take our first (in 15 years) non payer to court, so wanted to see how it worked. We used it as an exercise if you will.

Turns out, unless the company is going to last, court is a waste of time & money.

He's now on the local spotted page & has been ripping people off right & left, so as it's Andover (not the nicests of towns), hopefully someone will stab him in the liver.

[Mito Man]

Shame he didn’t just ‘andover the cash.

Sorry.

[Sundayjumper]

What's the point in paying to go to court if he can just walk away from his business? (Ltd I may add).

That's where the "Limited" bit is important, it refers to limited liability. The director(s) is(are) legally separate from the company, and their personal liability is very limited. As others have already said, you've got no chance of getting money from a company that doesn't exist and he personally is not liable. He remains a jerk though.

And agreed about Andover.

[mik]

Shame he didn’t just ‘andover the cash.

Sorry.

OK - that was quite good. Dammit.

[unzippy]

Get some back - sell the debt?