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How to persuade someone to pay a debt?

10 replies

filingdrivesmemad · 17/12/2013 00:33

My ds has a customer who won't pay. When he first rang to remind her, she said she wasn't happy + would write a letter. He has heard nothing (9 months) She hangs up as soon as she hears his name when he tries to ring. (He is not threatening) He has written, not nastily, no threats, tried to appeal to her conscience, offered to accept stage payments. As far as he knows, he has done exactly what she wanted, did it well, and kept close to his estimate, even tho' she added extra work. She has a professional job, no family, but a very expensive hobby, so ds thinks she may be forever short of £. In the past she once paid ds by countersigning (?) someone else's cheque. She has an unsatisfied CCJ for about £500 against her from 2 years ago (not ds). DS is out of pocket for about £1600 which is a lot of £ to him. He hates confrontations (is usually brilliant with people) + he would prefer not to have to take her to court. Is there anything else he can do?

OP posts:
EBearhug · 17/12/2013 00:39

Stop being nice! He's still trying after 9 months, and he's letting her get away with it. Start threatening and stick by it. If she's never come back with feedback - well, she's had plenty of opportunity. She's trying it on, and he's letting her get away with it.

I bet other creditors aren't so generous - and she'll be paying them rather than your son, because she knows she can let his payment slide without consequence - again and again.

Lonecatwithkitten · 17/12/2013 06:44

Get a 7 day notices of action letter and if that fails do small claims court. I find they pay who shouts loudest.

MinesAPintOfTea · 17/12/2013 06:46

He may well not end up in court once she's had the papers, but right now she's assuming he won't get serious. He's tried the nice methods, they didn't work so now he needs to use the stick.

SarahThompson · 17/12/2013 07:23

Just the threat of court action and a letter from the court stating that action has begun is enough for people to take the matter seriously.

When you make a claim through county court both parties will be offered mediation before formal proceedings begin so that could be an option?

Starting a claim is really straightforward and can be done online now

www.moneyclaim.gov.uk/web/mcol/welcome Smile

tribpot · 17/12/2013 07:32

As a learning point for your ds, you don't increase the scope of the work for the same price. She's been taking the piss from the beginning.

He has to toughen up - this is business and he can't afford the hit. Time to take legal action, although from the sounds of the previous CCJ she isn't really bothered about trashing her credit rating to get free stuff :(

filingdrivesmemad · 18/12/2013 09:22

Thanks for all your posts. I won't say more about his thoughts on going to court just in case she reads this and recognises herself. General consensus seems to be that court is the only option. I wondered if he should go round and try to speak to her face to face (she lives quite a way away) but I suppose she would just refuse to speak to him or worse claim he is harassing her. (he is a sweetie, not intimidating in the least) She is known in her area for being difficult. And ds will be one more person who will never do any work again for her.

Some people seem to make a practice out of getting out of paying. I just don't get this modern thought process of "getting one over someone else" and being self congratulatory over it..

Grrrrrrr I feel like going over and screaming at her (I won't, I'm too nice too Grin) I fantasise about dobbing her in to the hmrc or getting revenge in some other similar way..(rant) (no idea whether she is defrauding or not) but again, no. sensible hat on, I won't, I'm better than that.

OP posts:
Tapiocapearl · 21/12/2013 21:08

I think visiting in person etc could be seen as harassing. He should just write and say that he will be starting court proceedings on x day and then get on with it.

specialsubject · 22/12/2013 11:09

joining the chorus. Go straight to the small claims court, do not pass go, and try to collect £1600 which is a lot of money to anyone.

she has stolen from him. Start measures to get it back.

Mellowandfruitful · 22/12/2013 11:13

Yes, don't go round there. It won't do any good.

I don't know why he's so reluctant to go to court, given that the option is there for a reason - to resolve things like this when an individual won't comply with an agreement. It is now time to use that option and completely appropriate to do so. If he doesn't he will never get paid.

OnGoldenPond · 22/12/2013 21:08

It is easy and very cheap to claim in the small claims court. You do not need a solicitor and you can file the claim online.

Please try to persuade your DS to pursue a claim. People like this should not be allowed to steal from small traders I this way.

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