Advice on legal action

[Iceni]

A UK Ltd company owes us a fairly small amount of money - is it worth pursuing it through the French system?

Thanks

[Teamedup]

There is a small claims court at the Tribunal d'Instance, I have no idea as to whether it would work for a business claiming money or for money owed from abroad. It is free though as far as I know.

Ring them and ask if you can do this. I am pretty sure they will let you know if you can't put it through their court.

 

 

TU

[Nick Trollope]

[quote]A UK Ltd company owes us a fairly small amount of money - is it worth pursuing it through the French system? Thanks[/quote]

Fat chance until the law changes (in 2007)!

If you can phoney up a UK address, sue them in the small claims court in the UK. If it actually goes to a hearing, you will probably be chucked out, but will they know that?

Or you could sell the debt to some nasty scousers I know (quite legit, 100% value, they add another 200% as the cost of collections - and it is legal!).

 

[Will]

I have been in a similar position to Di, and to instigate proceedings in France would have involved so much hassle and bureaucracy that it wasn't worth it.

Instead I used a British debt collection agency, which managed to get a fair amount of the money owed before the defaulter was declared bankrupt, charged a reasonable commission (and arranged to pay me in Euros). No problem in me having a French address.

[Porth]

My suggestion (as a lawyer and semi-retired) is to get the forms downloaded from the Courts system and start proceedings

 in the County Court nearest the organisation that owes you £.

Like everything try to make sure that you are issuing proceedings against the right person/organisation.

Thus if its Joe Bloggs trading as then thats what your action should be.  If its ABC Ltd t/a CBA or whatever then whats what the action should say.

Again addresses are important.

Sorry to be pedantic but there is not such thing as a small claims court its all (subject to value) through the County Court system with only the claim being small.

Depends on outstanding amount as to what the fee is but this too is listed and their people are more than happy to help especially when you perhaps do not have the knowledge of the law.

Again and to be precise you now need to write to the organisation and say within fourteen days the money if not then County Court.  Again never ever threaten to do something law wise that you do not intend to carry out!

Final point the term FWW means for what worth.  What is the worth of the organisation are they up against it struggling or is it because you are in France and they are in the UK that they are not paying.  Where did the contract start The UK I presume?

A little tip do you have anyone who lives near the organisation or who can send by recorded or registered mail your letter giving them 14 days notice.  Nothing helps more than an individual walking through your front door.!

 

For a very small fee the Companies House website (if its a company) will send you by email the latest balance sheets of this company and you can then make up your own mind.

 

Forget you are in France it does not matter. 

 

 

 

rdgs

 

[Nick Trollope]

[quote]My suggestion (as a lawyer and semi-retired) is to get the forms downloaded from the Courts system and start proceedings in the County Court nearest the organisation that owes you £. Like everythin...[/quote]

When I contacted the County Court (in Hereford), they told me that, to enter a claim (via the internet) I must have a) a UK address and b) a UK credit/debit card. My (UK) solicitor confirmed this (in the same breath that he offered to handle it for me...).

If you can't believe the Crown, or your Solicitor, who can you trust?

Solicitors and Pelicans ... they can both shove their bills up their a****.

 

[Fritz]

In spite of being resident in France I got a CCJ from the Court Service website against a difficult tenant in a UK property. The English address is just for correspondence, use a friends/family etc.. You don't actually have to live there. The CC is for easy payment, I guess.

If you don't want to do it over the internet you can do it by post direct to the court.

In the event the bailiffs couldn't get the money owed. So my advice if the debt is less than a couple of grand, don't bother.

[Porth]

Nick thanks for that.  Highly amusing and very intelligent thinking.

I am not even going to try to justify fees for Solicitors or to say that salaries have to be paid for buildings paid for NIC paid for taxes paid pensions paid or whatever or that you sometimes have to wait three years to get paid.  I know a lawyer who has still not been paid for a Court Appearance some five years ago. 

Remember one Ken Dodd he who was charged with a Tax Offence.  What was the defence one put by a QC who charged £20000 a day before he got out of bed.  Members of the Jury my client has a fear of banks and has done ever since he was in school. The same QC and Jeremy Thorpe.

Verdict not-guilty Ken Dodd thought the fee was cheap as against popping into Aintree jail.  Lester Piggott had no such luck.

Here's a deal for you Nick I or my practice will do it for you and for no fee.

However seeing your response I do not think its even worth it at that for we are sure to get problems if we are not successful.

Forget what the Court Service say or your Solicitor you can still do it over the net and just for the sake of it you could even use any address or accommodation address.  Its a formality.

hope this helps and if you need any more help just let me have a pm and I will respond and help.

My point on FWW is well-made by Fritz so for pennies you can get the up to date situation on the worth of the company that you want to sue.  If you need help in that direction as well that is to understand accounts then please just shout that can be accommodated as well.

 

rdgs