How to collect from a debtor

Forums › Off topic › How to collect from a debtor - any ideas?

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Ultimate Geek
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#1436874 28-Nov-2015 14:09

networkn:
Zippity: Throw a brick through the prick's window

Or baseball bat his car.

This is a silly thing to suggest even as a joke, as someone may not understand it's a joke. It adds fuel to the fire, and the person doing this would end up with serious issues, well in excess of the $400.

It wasn't a joke!

jmh

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#1436880 28-Nov-2015 14:14

Thanks for the feedback. Very helpful. The product is not one that can be returned, so that is not an option, but the point about cheque fraud is very interesting.

The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Geektastic

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#1436974 28-Nov-2015 17:52

There was a Spanish agency that used to hire monks to follow the debtor, adding a monk for each week the debt was unsettled.

They did nothing threatening, of course, being monks - but having a dozen monks trailing you wherever you go got pretty tedious eventually I am sure!

Anyone know any monks?

billgates

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#1436989 28-Nov-2015 18:43

Put Windows 8 on his machine.

Do whatever you want to do man.

traderstu

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#1437019 28-Nov-2015 20:37

Kyanar:

Issuing a cheque that bounces is in fact cheque fraud, which is a criminal offence. You could remind your customer of this.

Yes, this is my understanding of this too. So, instead of enlisting a debt collection agency you should seek help from the police. Whether or not they take you seriously is another matter.

Geektastic

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#1437044 28-Nov-2015 22:38

traderstu:
Kyanar:

Issuing a cheque that bounces is in fact cheque fraud, which is a criminal offence. You could remind your customer of this.

Yes, this is my understanding of this too. So, instead of enlisting a debt collection agency you should seek help from the police. Whether or not they take you seriously is another matter.

I think - technically - it is only fraud if you knew it would bounce when you wrote the cheque.

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Kyanar

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#1437068 29-Nov-2015 01:27

Geektastic:

I think - technically - it is only fraud if you knew it would bounce when you wrote the cheque.

But if you didn't know, it did bounce, and you then failed to rectify it, you committed a different criminal offence.

MadEngineer

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#1437181 29-Nov-2015 12:12

jmh: Thanks for the feedback. Very helpful. The product is not one that can be returned, so that is not an option, but the point about cheque fraud is very interesting.

The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

you still haven't answered the many suggestions regarding your terms and if you're presenting those terms correctly. hopefully the debt collector will educate you about this, or hopefully your pocket or at least the experience will.

this goes for anyone offering goods or services you must get your customer's agreement to your terms which can be something as simple as a sign: http://www.comcom.govt.nz/fair-trading/fair-trading-act-fact-sheets/debt-collecting/. For those offering computer repairs for example, after collecting the customer's details and description of what they're after, print it out with the terms on the back side and have them sign it.

i recommend speaking with a debt collection agency before the need arises as they will provide good advise.

I'll also add that it's possible to do your own collection (download the sample forms beginning with http://www.justice.govt.nz/courts/high-court/self-represented-litigants/documents-1#statement-of-claim followed by months of waiting in between each stage of document serving allowing time for them to make payment - so long as you fill them out correctly so a judge doesn't throw it out due to a full stop in the wrong place) but this is at your cost and stress and time. Debt collectors are great at tracking people down and getting results.

You're not on Atlantis anymore, Duncan Idaho.

traderstu

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Ultimate Geek
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#1437202 29-Nov-2015 12:56

jmh: The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Hang on a minute. Unless I have missed something here, you should be able to present the cheque again (2 more times I think) within 6 months. Unless the cheque has been stopped?

I was in this situation once, trying to get money out of a concrete contractor. I waited for a good long spell of fine weather, figured he should have money in the bank, re-presented the cheque & 'hey presto'.

Worth a shot, you might get lucky.

jmh

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Ultimate Geek
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#1437211 29-Nov-2015 13:18

traderstu:
jmh: The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Hang on a minute. Unless I have missed something here, you should be able to present the cheque again (2 more times I think) within 6 months. Unless the cheque has been stopped?

I was in this situation once, trying to get money out of a concrete contractor. I waited for a good long spell of fine weather, figured he should have money in the bank, re-presented the cheque & 'hey presto'.

Worth a shot, you might get lucky.

He paid the cheque into my bank account so I don't have the actual cheque, but I photocopy of it sent to me by my bank. The letter says it has been dishonoured by the paying bank.

jmh

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Ultimate Geek
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#1437213 29-Nov-2015 13:20

I do have terms and conditions which are on the invoice, but because the business is payment in advance I don't have any credit options - they get the product, which is an electronic document, after payment is received. I basically messed up by sending the product before the cheque had cleared.

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networkn

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#1437215 29-Nov-2015 13:29

billgates: Put Windows 8 on his machine.

Worse still, W10 :)

networkn

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#1437216 29-Nov-2015 13:30

traderstu:
jmh: The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Hang on a minute. Unless I have missed something here, you should be able to present the cheque again (2 more times I think) within 6 months. Unless the cheque has been stopped?

I was in this situation once, trying to get money out of a concrete contractor. I waited for a good long spell of fine weather, figured he should have money in the bank, re-presented the cheque & 'hey presto'.

Worth a shot, you might get lucky.

That was smart! Well done!

traderstu

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Ultimate Geek
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#1437217 29-Nov-2015 13:45

jmh:
traderstu:
jmh: The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Hang on a minute. Unless I have missed something here, you should be able to present the cheque again (2 more times I think) within 6 months. Unless the cheque has been stopped?

I was in this situation once, trying to get money out of a concrete contractor. I waited for a good long spell of fine weather, figured he should have money in the bank, re-presented the cheque & 'hey presto'.

Worth a shot, you might get lucky.

He paid the cheque into my bank account so I don't have the actual cheque, but I photocopy of it sent to me by my bank. The letter says it has been dishonoured by the paying bank.

Yes, I think that is what happened to me. Go into your bank and talk to somebody behind the counter. I think they can still present it again.

traderstu

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Ultimate Geek
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#1437218 29-Nov-2015 13:46

traderstu:
jmh:
traderstu:
jmh: The think the next option is to appoint a debt collector and ask them for advice on how I can recoup the costs. I feel too emotional about this and need to step back and hand it over to a pro. I'll try to consider it a lesson learned.

Hang on a minute. Unless I have missed something here, you should be able to present the cheque again (2 more times I think) within 6 months. Unless the cheque has been stopped?

I was in this situation once, trying to get money out of a concrete contractor. I waited for a good long spell of fine weather, figured he should have money in the bank, re-presented the cheque & 'hey presto'.

Worth a shot, you might get lucky.

He paid the cheque into my bank account so I don't have the actual cheque, but I photocopy of it sent to me by my bank. The letter says it has been dishonoured by the paying bank.

Yes, I think that is what happened to me. Go into your bank and talk to somebody behind the counter. I think they can still present it again.

And possibly this is a good sign. "Dishonoured" is not the same as "stopped"

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