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Taking customer to Small Claims Court

  • nerion
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9 years 1 month ago #1878 by nerion
Hi there,

I run a local magazine and one of my advertisers is refusing to pay his bill. I've gone down the charging £40 fee and daily interest route but he just says he's sold the business and refuses to pay.

I would like to take him to the Small Claims' Court but I just have a couple of queries.

Firstly, I'm not entirely sure where he lives anymore. I sent him letters about the late payment to two addresses - one he used to live at and another he may now live at - it's on his website. Both letters were returned unopened. He also ignores all emails and only answers text messages rarely.

So, can I still take action if I'm not sure of his address?

The second point is this: who is liable for the debt? Is it the chap who bought the advertising? Or is it whoever bought the business? I don't want to take my customer to court if he's not even liable.

Many thanks!

Andy

PS There was something in the press a few weeks back about a new Small Business Commissioner, who would help small businesses deal with late payers. Is he/she in place? If so, who is he/she and how can I get in touch with them?

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8 years 7 months ago #1907 by james@cpa.co.uk
Hi Andy,

Sorry for the late reply but I have just become a moderator and I notice your message wasn't replied to.

The first issue is to properly identify your debtor and his legal status. You say he claims to have sold the business. Is your debtor a company or was he personally liable. if he was personally liable you can continue to chase him but if it is the company then you must pursue the company.

The second issue is to find the correct address if the debtor.

The legal department of CPA would be happy to look at the paperwork for you if it is still an ongoing issue and hasn't yet been resolved.

Please feel free to contact me and I can put you in contact with them.

James

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