Collection of small debts - idea

91011

Had a few small effers who owed sums from €90 to €400 and who seemed to think they could simply not pay.

Some had been outstanding for over 6 months.

Decided one last try and sent them something along the follow lines.

Dear

We have recently ultilised the services of the small claims court new business debt procedure to great efefct and our account has nw instited that all outstaing debts no matter how samll are now pursued though these means.

The procedure costs us just €15, but can add up to €600 to your debt no matter how samll the debt is. As these costs are payable directly to the court we have no power to waive the once they are applied.

Therfore with regard to the amount of €92 owing from delivery of product to yourself on July 26th 2009 and which remains outstanding, I am asking that payment is made by Friday April 30th. Failing which, I will apply to the small claims court for judgement and they will be deling with the debt from Tuesday May 4th.


Yours sincerely

xxx


as of today's post 3 out of 3 have paid.

WIZE

I would use Spell Checker Before you start sending Emails

JamBur

Most Haunted wrote: »

I would use Spell Checker Before you start sending Emails

Nitpicker!


O/P, good idea and good to see results

Mr. Presentable

I've asked this before to no good effect, but, can you link please to where the small claims court deals with debts between businesses? I would use this service if I could find it, but their site specifically says they do "not deal with business to business debts"

trad

You can't use the Small Cliams Court for business to business disputes, it's only for the consumer http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/Small_Claims_Court_booklet.pdf

Mr. Presentable

trad wrote: »

You can't use the Small Cliams Court for business to business disputes, it's only for the consumer http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/Small_Claims_Court_booklet.pdf

That was my belief too, so what's the OP on about?

91011

trad wrote: »

You can't use the Small Cliams Court for business to business disputes, it's only for the consumer http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/Small_Claims_Court_booklet.pdf

WRONG - since January 11th 2010 the small claims court introduced a business to business small calims service. A business to business debt is any debt sold bay a business entity including sole trade to another bueiness including sole trade who uses the product / service sold for any form of business dealings.

As for spellcheck - if I post on forums, I usually do it quickly and really don't have the time to doubel check every word (see the mis-spellings in thsi ) and neither do many others. I don't see the rule that says every spelling & every piece of grammar must be 100%.

Also, I would not send out the OP as an e-mail. It would be printed and sent by registered post. - For a total outlay of €16 odd, I received almost €1000 that I had almost written off.

If anyone esle has a success like that I'm sure my spelling erorrs can be forgiven:D

91011

excerpt from amendment to small claims procedures

Small Claims : S.I. No. 519 of 2009


1. These rules may be cited as the District Court (Small Claims) Rules 2009.

2. These rules shall come into operation on the 11th day of January 2010 and shall be construed together with all other District Court Rules 1997 to 2009.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended by the substitution for Order 53A of the Order set out in Schedule 1.
4. The Forms numbered 53A.1 to 53A.4 in Schedule 2 shall be substituted for the Forms bearing the like numbers respectively in Schedule B to the District Court Rules 1997 (S.I. No. 93 of 1997).

Schedule 1
“ORDER 53A SMALL CLAIMS PROCEDURE

Definition
1. In this Order
“business” means a natural or legal person (including a company, partnership or natural person trading as a sole trader) who supplies, sells or purchases goods or services in the ordinary course of a business;
“business small claim” means a civil proceeding instituted under this Order by a business purchaser against a business vendor in relation to a contract in respect of any goods or service purchased, but excluding any claim—

(a) arising from an agreement to which the Consumer Credit Act 1995 applies), or
(b) arising from an alleged breach of a leasing agreement, or (c) for debt or liquidated damages,

provided that in every such case the amount of the claim does not exceed the sum of €2,000.00;

91011

nipplenuts wrote: »

I've asked this before to no good effect, but, can you link please to where the small claims court deals with debts between businesses? I would use this service if I could find it, but their site specifically says they do "not deal with business to business debts"

There's no special form for business - just the exact same very simple form.

Abc ltd owes me (xyz ltd) €1500 + expanation of how the debt arose and when it arose. + payment of €15.

http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/224D3F40A61421D280256DA6002EB56B?opendocument&l=en

The one thing you must have is the EXACT legal name of the person / bsuiness that owes you money.

Mr. Presentable

91011 wrote: »

excerpt from amendment to small claims procedures

Small Claims : S.I. No. 519 of 2009


1. These rules may be cited as the District Court (Small Claims) Rules 2009.

2. These rules shall come into operation on the 11th day of January 2010 and shall be construed together with all other District Court Rules 1997 to 2009.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended by the substitution for Order 53A of the Order set out in Schedule 1.
4. The Forms numbered 53A.1 to 53A.4 in Schedule 2 shall be substituted for the Forms bearing the like numbers respectively in Schedule B to the District Court Rules 1997 (S.I. No. 93 of 1997).

Schedule 1
“ORDER 53A SMALL CLAIMS PROCEDURE

Definition
1. In this Order
“business” means a natural or legal person (including a company, partnership or natural person trading as a sole trader) who supplies, sells or purchases goods or services in the ordinary course of a business;
“business small claim” means a civil proceeding instituted under this Order by a business purchaser against a business vendor in relation to a contract in respect of any goods or service purchased, but excluding any claim—

(a) arising from an agreement to which the Consumer Credit Act 1995 applies), or
(b) arising from an alleged breach of a leasing agreement, or (c) for debt or liquidated damages,

provided that in every such case the amount of the claim does not exceed the sum of €2,000.00;

“ORDER 53A
SMALL CLAIMS PROCEDURE
Definition
1. In this Order-
“business” means a natural or legal person (including a company, partnership
or natural person trading as a sole trader) who supplies, sells or purchases
goods or services in the ordinary course of a business;
“business small claim” means a civil proceeding instituted under this Order
by a business purchaser against a business vendor in relation to a contract
in respect of any goods or service purchased, but excluding any claim—
(a) arising from an agreement to which the Consumer Credit Act 1995
applies), or
(b) arising from an alleged breach of a leasing agreement, or
(c) for debt or liquidated damages,

OP, I have pasted the rest of your excerpt and highlighted the part I understand to exclude business to business debt. As you can see, it specifically excludes collection of debts. Leaving me confused as to what you are doing.

91011

Just checked that up - seems you're correct, but hell the letters worked and are an option even if the small claims detail has been "misread".

Seems the business to business claim would be for work not finished but paid for. e.g. Electrician not finish job properly but having been paid.

Damn - was going to try it on a couple of others who owe circa €1000 each.

Mr. Presentable

Damn it. I was hoping you were right

Rogue-Trooper

Whether the OP was right or wrong is irrelevant - it worked didn't it?!!
Well done 91011 - you might as well try it on the others and see what happens. Let us know how you get on! :pac:

Raiser

Most Haunted wrote: »

I would use Spell Checker Before you start sending Emails

Thanks for posting - Great addition to the thread :rolleyes:

WIZE

Just saying what everyone was thinking

LauraOrlagh

Very innovative idea - it's a real pity the smalls claims court don't pursue business to business debts as it would be very helpful. I'm glad you've gotton a result with this tactic so far but if you do have difficult ones that just won't pay up check these guys out http://www.eircollect.com/

TheGooseLicker

Presume you won't be doing business with these guys again?

jimoc

The thing is, most people that post in these forums have their heads screwed on properly and did their research so they realise that they will never actually be able to follow through on the threat implicit in the letter.

From the OPs evidence and successful collection of over a grand, its obvious most normal people haven't coped on to that bit yet.

So as the OP says, for the sake of a few quid and a bit of paper its worth trying it