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Downsizer Forum Index -> Small Business Questions, Ideas and Advice

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Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Nov 19, 12 5:45 pm Post subject:
Oh yeah. Bugger. Go, hire something, and hang on to it.

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Mon Nov 19, 12 6:02 pm Post subject:

Page 2;

Lorrainelovesplants wrote:

...........and we still have some of his equipment, and will be keeping same until full payment has been made.

Midland Spinner

Joined: 13 Jan 2009
Posts: 2931
Location: Under a green roof

Posted: Mon Nov 19, 12 6:05 pm Post subject:

Rob R wrote:

Page 2;

Lorrainelovesplants wrote:

...........and we still have some of his equipment, and will be keeping same until full payment has been made.

Still don't condone the minimix of quick-set

alison
Downsizer Moderator

Joined: 29 Oct 2004
Posts: 12918
Location: North Devon

Posted: Mon Nov 19, 12 8:09 pm Post subject:
Lorraine has the next lot of stuff still to be mended, but obviously not worked on yet.

Lorrainelovesplants

Joined: 13 Oct 2006
Posts: 6521
Location: Dordogne

Posted: Tue Nov 20, 12 5:47 am Post subject:

My thoughts are to do another whole set of letters with a new one stating in pretty direct (yet polite) terms that as I still have not received cleared payment of the original invoice costs of £81 and having made clear that he is now liable for interest payments of 6% on this, that I am giving him 5 working days in which to pay the new total of £86.17(is this right?), and that I am now instigating debt recovery procedures against him.
I will post this all recorded or registered(which would be best?)

How about this?

alison
Downsizer Moderator

Joined: 29 Oct 2004
Posts: 12918
Location: North Devon

Posted: Tue Nov 20, 12 8:00 am Post subject:

Lorrainelovesplants wrote:

Not sure if you are allowed, but my debt recovery, and I would make it clear, is to sell the goods you still hold, against the balance of what is already owed. In the caravan repossession I would then have to refund any money collected over what they owed. This would be after admin fees too, of course.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Tue Nov 20, 12 8:04 am Post subject:
6% interest how often? Monthly, I think is the norm, but daily or annually makes a difference.

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Tue Nov 20, 12 9:01 am Post subject:
I think the interest you can charge is x% over base rate or X bank's rate per year. A better way is to up your base charges but give a larger % off for prompt payment.

Shan

Joined: 13 Jan 2009
Posts: 9075
Location: South Wales

Posted: Tue Nov 20, 12 9:08 am Post subject:
Send them a reminder and notification that if it is not paid within 72 hours, you will have to charge them a late payment fee (which will be levied every month), to cover the costs you have so far incurred in chasing them up. Also, indicate that you will be pursuing both amounts through the small claims court.

Lorrainelovesplants

Joined: 13 Oct 2006
Posts: 6521
Location: Dordogne

Posted: Tue Nov 20, 12 9:33 am Post subject:

Okay, so im a little confused now.

If I charge them a late payment fee 1. what kind of sum are we talking? and 2. If I do carry out the threat to take them to court what am I telling the court that they owe (as this will be two different amounts - the original £81, plus the £81 plus the late payment fee of £?)

The machinery we have from them is unrepaired. This will cost me money for parts and time to put right or else they wouldnt be worth selling. If repaired, John has valued them at around £200.
How long a time before I can just sell their stuff, and after I have deducted what they owe, how do I prove what they sold for?

vegplot

Joined: 19 Apr 2007
Posts: 21301
Location: Bethesda, Gwynedd

Posted: Tue Nov 20, 12 9:55 am Post subject:
Go back and read the link in my first post on this thread, it details what you can realistically charge.

Shan

Joined: 13 Jan 2009
Posts: 9075
Location: South Wales

Posted: Tue Nov 20, 12 9:55 am Post subject:
I know BOC charge a £25 late payment fee. The amount yo claim would include the initial charge plus the late payment fee.

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Tue Nov 20, 12 9:57 am Post subject:
In this case I dont think that you can charge any fees or interest now as they were not part of the contract you had with them. You can chase them through the small claims court & add your actual costs to the amount owed. Not sure why you have added the £81 twice?

Lorrainelovesplants

Joined: 13 Oct 2006
Posts: 6521
Location: Dordogne

Posted: Tue Nov 20, 12 1:08 pm Post subject:

Ive had a read of the link again, and been on the the phone to a couple of totally useless organisations (and one useful one).

The upshot is that the cost of taking a county court case against them will cost £80. The money they owe is £81.
There is no guarantee that they will pay, in which case I need to enforce it (more money).
If they have other CC judgments against them then Im one in a queue..............

If I decide not to pursue the debt can I just sell the machinery we have of theirs? Would I have to write and inform them of my intention to sell this machinery in lieu of the outstanding debt?

alison
Downsizer Moderator

Joined: 29 Oct 2004
Posts: 12918
Location: North Devon

Posted: Tue Nov 20, 12 1:38 pm Post subject:

When we have a caravan that is outstanding in payment I dotwo letters, and a bill, all in one envelope, that needs to be signed for.

The first letter is the notification that the bill needs to be paid in 21 day (you can specify) and then the goods you hold can be taken away.

The 2nd letter states if the goods aren't paid and collected then that they have a futher month to sort it out.

They are also sent an invoice.

Once the date is passed the goods are mine to do with as I need.

For caravans the ones left are never very good, and I have a man who will take them for the cost of 6 months storage, so I never owe the person any money. If the goods are worth more, then the difference minus admin and ex's is sent to them.

If the letter arrives back, unknown at this address, or couldn't be delivered, do not open it, just keep it filed, and then you can show you have taken due care to get into contact with them.

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