JohnSmith

Quick question

If someone thinks they are owed money from a Ltd company (a grand for example) for work carried out (labouring)

Can they sell the debt to try and recover it, do they have to prove the debt, ie that they worked if so what kind of proof would they need to provide

IE How much onus is on the person owed the money to the company who alleged owes the money ?

There is a dispute over money claimed against money paid based on work not being carried out but invoiced

David Lock

If the wronged party has any half decent evidence to support the claim then Small Claims Court could be considered. dl

stilover

You obviously need proof of working hours and money owed, otherwise you could make wild claims against any company, even if you worked for them or not.

Small claims court is best to start with.

However, as you state at the start. You (or third party) only `Thinks` they are owed money. How can you (or them) not know if you are or not? If someone owed me money after I did some work for them, I'm sure I'd know.

Plus, have you actually emailed the company to open discussions with them? They might just be holding money as a dispute over the quality of work carried out by you. If so, then you can either give evidence that what you did was correct, or come to some arrangement to accept part payment if your work was below their expectation.

Sending in the Bailiffs straight off will only be met with resistance, and any future chances of work off them (or people they know) will evaporate instantly.

hodgy0_2

if I read the question right

you want to sell the debt to a 3rd party

the 3rd party will then take the risk as to whether they can recover any monies

you want to know how much "proof" do you need to give the 3rd party that the debt is actually owed to you

I think commercially speaking the 3rd party is taking the risk - so the amount they offer to buy the debt from you will presumably have "risk" factored in

the more paper work you can provide the higher price they will pay - as the risk is less

in a perfect world you would have a CCJ already served against them

as to the legalities i.e. whether someone can sell a "debt" with little proof of whether monies are owed and before a legal judgement

I haven't a clue

Devildog

You're always so cryptic

Right.

1) Yes, they can sell the debt or engage a debt collection agency to try and recover it.

2) In a labour only contract you would expect the person doing the work to be able to produce timesheets or other documentation signed on behalf of the company confirming hours worked. This would be compared to any other documenation agreeing cost/hourly rates/scope of work. In the absence of any such signed paperwork (or third party witnesses) its your word against theirs (sorry, the person owed the money against the ltd company)

2) In any Court action (small clams or otherwise) the onus at the outset is on the creditor who is owed the money to evidence to the Court that the money is owed. the aforementioned documentatin would generally be required here to support the action raised. Without documenation, the Court would generally expect sworn statements by third party witnesses in corroberation

3) The party who owes (or allegedly owes the money) has the statutory right to defend any court action. The means of doing this vary depending on the action taken and the degree of dispute.

What paperwork do you have (sorry, again) is available to the person in question?

JohnSmith

Ok its someone who did work for me who think they are owed money and did a whole ive sold it to a debt collector blah blah blah

He knows full well the reasons why he has been part paid, didnt stop him coming round to my house demanding and threatening so the police moved him on his way

He never used to bother signing in and out of the sites most of the time, so he doesnt really have much in the way of proof

It is things like he invoiced for a full day when he only worked 3 hours on site, and previous occasions he invoiced half days

He lost paperwork so went back to site to re-generate that paperwork then invoiced me a full day for the privelage ( I did not instruct him to revisit site)

hodgy0_2

"if I read the question right"

lol, I was 180deg wrong