Legal problem/ advice on freezing accounts

J Gordon

J Gordon

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Jim Gordon
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Hi all,
I did a job back in September and my attendance fee still hasn't been paid, shows no sign of being paid despite half a dozen invoices including by recorded delivery and even an invitation to return the pics and donate my fee to charity hasn't been carried out......so, I phoned the person yet again last night, whenever the fella finds himself in a corner he just hangs up, after telling me he's moved from his previous address (the one that I have).
Anyway, I digress, I have given this chap too much of my time and professional time already and have decided I'll take it through the County Court instead. Someone here I think mentioned the ability to freeze someones accounts, or company directors accounts? Anyone know how it is done? I believe this can be done as part of the small claims process.I wouldn't usually go for such a scorched earth approach but this chaps theft and subsequent arrogance warrants it.
Any advice on the freezing og personal accounts/assetts greatfully received.:(
 
I think it's a Winding Up Order you're looking for, not cheap to sort out - £1k +
 
Did you invoice an individual or a limited company?

If an individual then you really need to confirm his current address in order to proceed with any degree of confidence. How much is involved? I prefer the Stat Dmd/Bank Pet route to the CC small claims when this is feasible.

You aren't going to get a garnishee until you have judgement - and only then after many conditions are met. For a start, do you have any of his bank details? Forget garnishee unless we're talking tens of thousands.
 
Thanks guys, Pxl it looks like I need to secure Judgement against the individual first.....I dont mind telling you I'd prefer to be out with my camera, so if I have to step into the legal arena on this one I want to make it as difficult as I possibly can for them. I've had dodgy customers in the past but this bloke is taking the proverbial biscuit.
I've said this before so excuse my broken record syndrome but we could all do with a password protected database of customer quality, or specifically poor payers/non-payers etc so others don't get themselves involved with these non-paying thieving scrotes. Maybe I will establish one in the new year, i'll need to check out the legal ramifications for online publishing of what will effectively be a 'blacklist' of picture buyers and photo services users for the protection of photographers.
Oh, and welcome Psi, i'm not always so rrsey by the way, thanks.
 
2Blue, it's against an individual and although he claims to have moved his name is still on the property address freehold so if I act quickly I guess that will satisfy the Court that he is still connected to the address.
What is Stat Dmnd/Bank Pet route please?
 
If he still owns the property then it can be argued that mail sent to the address will come to his attention. I do know of a couple debt recovery firms using this tactic although it is normal to confirm either a) residence at a particular address or b) receipt of mail at the address.

If the debt (including interest & charges) is over a threshold, £750 ish I think, then you can issue a Statutory Demand. This is not a Court document but something recognised by the Court. It is a legal marker put down for a debt and gives the other party the opportunity to dispute the debt in whole or in part. If the debtor doesn't either pay, come to an arrangement or have the debt set aside (in Court) within x days then you can move to the next stage which is to apply to the Court for a Bankruptcy Hearing. You then have him served with the Bankruptcy Petition.

The other route is the Small Claims Court in which you apply for judgement. If succesful, you still have to recover the funds. The normal route to this, with a stubborn debtor, is with bailiffs. Please don't ask me to elaborate on what I think of bailiffs as this is a nice friendly forum. Let's just say that they a particularly good at seizing goods to the value of their fee. To me, the Stat Dmd/Bank Pet route is the more efficient way to go. The CC/Judgement route can become messy and drawn out.

Either way, you need to be sure that the debtor has the ability to pay.

IMHO
 
I know it's after the horse has bolted but I now have a strict policy of payment up front with a single exception which is my County Council. It just saves all the grief of chasing people which used to eat up a large chunk of my time.

So far it's not been a problem and has highlighted clients who would have been a pain getting to pay up - they are all gung ho to order prints, etc. but then take weeks to actually hand over the payment.

I'm just about to go collect £500 or so for an order that was placed 8 weeks ago, it's taken this long for the client to get around to paying. If I'd ordered the prints 8 weeks ago it would have been my cashflow that suffered. :nono:
 
Thaks again guys. This one was sprung on me with two days notice and it wasn't appropriate to expect payment at the actual event, against my better judgement I trusted the fella and here we are.........fingers burned, lesson learned. No pre-payment-no attendance and no photography, been here too many times now to offer any further flexibility on that one from now on. It's only just over £300 but hey, that's Christmas covered for my children, so I am not a happy bunny with this chap and a Judgement against him would be most satisfying regardless of actual recovery......although that would be a bonus obviously. Cheers for all the advice.:thumbs:
 
Wishing you well in your endeavours.
I had some of this kind of agro when i was in business.
Now retired and out of the rat race thank God.

Best of luck.:thumbs:
 
This is one of lifes many quandries I guess. I know dodgy payers exist, and I tend to rely on instinct, but even that can be wrong sometimes. The human condition is ultimately one of hope and trust. How we maintain it with such cynical business tactics deployed by some I do not know but I cannot afford to be out of pocket on such jobs at all, so no more Mr Nice Guy and I will only work with a cleared deposit to cover my costs. I am of course old enough to better and shouldn't find myself in this situation but hey ho, such is life.

Dave P, at times like these I am very envious of your retirement.:D
 
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