How to collect from a debtor

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

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458 posts

Ultimate Geek

#1437219 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.

Thanks, I'll do that.

SepticSceptic

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#1437594 30-Nov-2015 09:43

Geektastic: 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?

I had heard of a "Mr Smelly" debt collector service, where a destitute-looking and somewhat smelly person would lurk outside the front door of the business premises until the debt was paid ..

jmh

458 posts

Ultimate Geek

#1437616 30-Nov-2015 09:49

Update

I had a look at the paperwork that came with the bounced cheque and notice it says the cheque was dishonoured because the account was closed - a clear case of fraud then. He deliberately wrote a cheque he knew would bounce.

Yesterday I sent a quick email saying that I was advising him that he would be charged fees and disbursements and that the debt collector would let him know how much it would be (I thought it would be good to put this in writing as I don't have any credit terms). I got a quick text back promising to pay (again) - not seen anything yet.

Rikkitic

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#1437658 30-Nov-2015 10:13

Write back immediately and give him a specific deadline. If the money isn't on your account by closing hours today you will start proceedings, etc.

Plesse igmore amd axxept applogies in adbance fir anu typos

BTR

1527 posts

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#1437668 30-Nov-2015 10:24

I'm sure Tony and Paulie Walnuts would be able to sort him out. On a serious note send a final warning and if you still get nothing contact a local debt collector.

Kyanar

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#1437870 30-Nov-2015 14:18

jmh:
Yesterday I sent a quick email saying that I was advising him that he would be charged fees and disbursements and that the debt collector would let him know how much it would be (I thought it would be good to put this in writing as I don't have any credit terms). I got a quick text back promising to pay (again) - not seen anything yet.

You can't do this. You must advise them that they will be charged before entering into the contract of sale. Your email isn't worth the electrons you expended, and you cannot pass on collection charges by law.

richms

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#1437923 30-Nov-2015 16:01

Kyanar:
You can't do this. You must advise them that they will be charged before entering into the contract of sale. Your email isn't worth the electrons you expended, and you cannot pass on collection charges by law.

This is one of the many examples of the law being an arse.

Richard rich.ms

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wasabi2k

2098 posts

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#1437926 30-Nov-2015 16:06

richms:
Kyanar:
You can't do this. You must advise them that they will be charged before entering into the contract of sale. Your email isn't worth the electrons you expended, and you cannot pass on collection charges by law.

This is one of the many examples of the law being an arse.

I dunno, this situation sucks - but a vendor not being able to enforce terms you didn't agree on in the first place seems a pretty sound practice.

richrdh18

210 posts

Master Geek

#1437938 30-Nov-2015 16:13

Just contact baycorp, they'll take care of it.
When I was running my business, I used to explain the TOC etc before starting the job etc, and then all the followup warning letters. I gave up and went to baycorp. A lot of it was for small jobs under $60 - 150, so people though it would matter. But if you get a few of these then they all add up. Yes barcorp take a small cut, but getting something back is better than nothing. I also wanted the debt registered, so when they went to buy their big tv on tick, they would be able to, and in fact on couple got refused a home loan due to ignoring a baycorp letter all over a $40 debt.

trig42

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#1437941 30-Nov-2015 16:15

Maybe since he wrote the cheque on a closed account, you could at least report it to the Police. That is using a document to gain pecuniary advantage I think?

Tell him you want the money by EOD tomorrow, or you will be filing a Police report. (Although, they will probably not show any interest, unless he's been doing it all over the place).

networkn

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#1437942 30-Nov-2015 16:23

richrdh18: Just contact baycorp, they'll take care of it.
When I was running my business, I used to explain the TOC etc before starting the job etc, and then all the followup warning letters. I gave up and went to baycorp. A lot of it was for small jobs under $60 - 150, so people though it would matter. But if you get a few of these then they all add up. Yes barcorp take a small cut, but getting something back is better than nothing. I also wanted the debt registered, so when they went to buy their big tv on tick, they would be able to, and in fact on couple got refused a home loan due to ignoring a baycorp letter all over a $40 debt.

Just wondering how you would know they were refused a home loan?

jmh

458 posts

Ultimate Geek

#1437949 30-Nov-2015 16:52

trig42: Maybe since he wrote the cheque on a closed account, you could at least report it to the Police. That is using a document to gain pecuniary advantage I think?

Tell him you want the money by EOD tomorrow, or you will be filing a Police report. (Although, they will probably not show any interest, unless he's been doing it all over the place).

I rang the bank and they said to contact the police. I've told the guy via email that I'm calling on the police this pm and he's panicking. He has promised to pay by Wednesday, but this time he really will.

I'm guessing I'm not the only one he did the cheque dodge on.

minimoke

750 posts

Ultimate Geek

#1438077 30-Nov-2015 19:30

I won an Order for a client and the employer wouldn't pay. I was nice and patient for a while but I don't have endless tolerance. So I took 20 copies of the Order and went down to the place of work. Said I would hand each customer leaving their business a copy of the Order if payment wasn't made. 24 hours later $35k in my bank account so I was happy as was my client.

turnin

509 posts

Ultimate Geek
Inactive user

#1438121 30-Nov-2015 20:41

Ring his parents

adw

175 posts

Master Geek

#1438154 30-Nov-2015 21:17

Send him a new invoice with interest and fees (make sure you put a statement fee on it of e.g. $45, which is hopefully covered in your Ts & Cs), it's amazing how people will cough up the original amount. Specify that no further statement will be sent and it will be handed over to a debt collection agency if all outstanding amounts aren't paid in 5 days with all collection fees being paid by him.

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