| Non-payer/ Legal roblem 21:56 - Dec 12 with 1497 views | Brightonhoop |
Thought I'd mine the minds here with a problem of a non-paying customer, occasionally get these problems and can usually persuade half decent folks to Settle. This one however is more slippery than a wet fish.
The Co presents as a Limited Co but there is no Record at Companies House, at least there a Company of the same name based in the north, this one is in the south, with completely different Directors and no Records anywhere of this fella I'm after. For Legal purposes, does misrepresenting yourself as a Limited Company, which he doesn't seem to be, is that a Criminal Offence as in Fraud or is it just regarded for Civil purposes as Misrepresentation?
He operates within a partnership with another company and between them they are playing me a like a fiddle, and whilst instinct and gratification by way of nailing his bllcks to the floor would be far more satisfying, I'd better go the legal routes instead. Is it illegal to promote yourself as a Ltd Co when you are not?
Thanks in advance all.
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| Non-payer/ Legal roblem on 21:58 - Dec 12 with 1488 views | Boston |
What country? |  |
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| Non-payer/ Legal roblem on 22:03 - Dec 12 with 1480 views | Brightonhoop |
UK. Meant to mention that. | | | |
| Non-payer/ Legal roblem on 00:49 - Dec 13 with 1389 views | Hooped_Pullie |
It certainly is illegal to portray yourself as a company when in fact this company does not exist - however, fraud/misrepresentation and the legal interpretations would depend on the specifics. The old 'intention to create legal relations' principle springs very much to mind. | | | |
| Non-payer/ Legal roblem on 07:50 - Dec 13 with 1318 views | Phildo |
Sounds more like a sole trader with a trading name so he is personally liable. If you are worried he is hooky a letter asking for immediate settlement or clarification of his tax/vat affairs often gets payment forthcoming in this situation. |  | | |
| Non-payer/ Legal roblem on 13:10 - Dec 13 with 1197 views | Brightonhoop |
| Non-payer/ Legal roblem on 00:49 - Dec 13 by Hooped_Pullie |
It certainly is illegal to portray yourself as a company when in fact this company does not exist - however, fraud/misrepresentation and the legal interpretations would depend on the specifics. The old 'intention to create legal relations' principle springs very much to mind. |
Found out it did exist and was formally Registered, however his wife is the sole Director, and it turns out he's struck off and banned from being a Director. Hard to prove Directorship one way or another but wouldn't look good on the ordering of works and then non-payment/chicanery for several weeks afterwards.
Phildo, I asked for his formal tax details and VaT Reg, I wish I could have been a fly on the wall as he read it as I could almost hear him fill his y-fronts lol. He has promised to settle today, not the first time, and promises are cheap so we will see, but he is so far backed up against the fence he's got a heap of slinters in his backside. I dont want to carry this over Xmas and into 2018 so thanks as always for the advice. | | | |
| Non-payer/ Legal roblem on 13:12 - Dec 13 with 1193 views | 2Thomas2Bowles |
Best bet is the small claims court. |  |
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| Non-payer/ Legal roblem on 14:08 - Dec 13 with 1147 views | sevenhoop |
| Non-payer/ Legal roblem on 13:10 - Dec 13 by Brightonhoop |
Found out it did exist and was formally Registered, however his wife is the sole Director, and it turns out he's struck off and banned from being a Director. Hard to prove Directorship one way or another but wouldn't look good on the ordering of works and then non-payment/chicanery for several weeks afterwards.
Phildo, I asked for his formal tax details and VaT Reg, I wish I could have been a fly on the wall as he read it as I could almost hear him fill his y-fronts lol. He has promised to settle today, not the first time, and promises are cheap so we will see, but he is so far backed up against the fence he's got a heap of slinters in his backside. I dont want to carry this over Xmas and into 2018 so thanks as always for the advice. |
It's the nasty horrible capitalist system you're dealing with here Brighton. Awful isn't it? You'd be best to only contract with publicly funded bodies in future - you know that they are the only ones who should be involved in any form of trade anyway. |  | | |
| Non-payer/ Legal roblem on 17:33 - Dec 13 with 1066 views | TripleR |
The Small Claims Courts have changed.
They've gone all digital.
I've recently used Money Claims Online, its part of the HM Courts and Tribunal Service. Some knob-end owed me money and wouldn't pay up, ignored calls, emails and letters. I started a claim and within about 3 weeks I had been paid. Happy days.
Its all done online ( the clue is in the name ) its really easy to use, costs £25 and you automatically get your costs back when you win.
https://www.moneyclaim.gov.uk/web/mcol/welcome
Good luck. |  | | |
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| Non-payer/ Legal roblem on 18:05 - Dec 13 with 1050 views | paesanu |
I know a guy who's helped out some friends. He takes a percentage from what you're owed, he does all the legwork for you.
Professiona debt collector / insolvency specialist in a suit, not just a bloke with a baseball!!! Message me if you want further details. |  |
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| Non-payer/ Legal roblem on 20:44 - Dec 13 with 991 views | Brightonhoop |
| Non-payer/ Legal roblem on 14:08 - Dec 13 by sevenhoop |
It's the nasty horrible capitalist system you're dealing with here Brighton. Awful isn't it? You'd be best to only contract with publicly funded bodies in future - you know that they are the only ones who should be involved in any form of trade anyway. |
It happens from time to time. 99% of the Trades fellas I work with are proper, decent folks who pay and timely, understanding we're all working fellas with bills to pay. Occassionally these turn up and it reminds me they walk amongst us. Nothing to do with capitalism, it's about being decent or a scumbag.
Anyways he's settled in full with some gentle persuading.... 
Thanks for the inputs as always, useful for next time. Just when you think you've seen it all a variant of the reptile turns up so am sure it will all be useful in the future. Thank you. | | | |
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