Have you used a debt collection agency?
Thread poster: Agnieszka Matuszewska
Agnieszka Matuszewska  Identity Verified
Poland
Local time: 10:24
English to Polish
+ ...
Apr 21, 2009

Hi,

Has anyone used a debt collection agency to recover money from the outsourcer, in particular in the UK? Any experiences will be greatly appreciated. Thanks.


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Helen Matthews  Identity Verified
United Kingdom
Local time: 09:24
Member (2008)
Italian to English
+ ...
No, but... small claims court? Apr 21, 2009

... luckily I've never had to actually use one yet, but as far as I'm aware (though my knowledge may be outdated... someone will no doubt correct me if that's the case!), would the small claims court not perhaps be a better (cheaper, quicker) option in the UK?

Just an idea - hope this helps!


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Stanislaw Czech, MCIL  Identity Verified
United Kingdom
Local time: 09:24
Member (2006)
English to Polish
+ ...
I have some doubts about small claim courts Apr 21, 2009

I mean even if you win the case it does not mean automatic payment - you still have to convince your debtor to pay you or ... go back to the court.

Tell me if I am wrong.


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Spencer Allman
United Kingdom
Local time: 09:24
Finnish to English
Scare tactics Apr 22, 2009

The threat of referring the matter to the small claims court might in itself prompt them to pay you

I have been experiencing quite a bit of delayed payment practices this year in the UK.

I am now wary of accepting work from agencies I don't know - and even some I do


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Tim Drayton  Identity Verified
Cyprus
Local time: 11:24
Turkish to English
+ ...
Yes Apr 22, 2009

I have once, although the debtor was in Germany. They secured a very swift settlement. I paid about half of the claim as a fee to the agency, but half is better than nothing. I would only consider this route as an absolute final resort.

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Lawyer-Linguist  Identity Verified
Portugal
Local time: 09:24
Dutch to English
+ ...
Not unique to the Small Claims Court Apr 22, 2009

Stanislaw Czech wrote:

I mean even if you win the case it does not mean automatic payment - you still have to convince your debtor to pay you or ... go back to the court.

Tell me if I am wrong.


The fact that you may win a court case in any forum does not mean automatic payment.

The court order still has to be enforced.

If the debtor is truly a man of straw, a court order -- even if it's handed down by the House of Lords -- isn't going to get you very far. Of course, if the debtor is pretending to be a man of straw, that's a different story.


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Nikki Scott-Despaigne  Identity Verified
Local time: 10:24
French to English
Yes Apr 23, 2009

Yes, but only after having made use of the classic recovery tools first of course. In fact, in France, there are ways of exploiting the same legal machinery as a debt collector, at least for the early stages, in getting the thing to court. Handy to know, particularly as obtaining a court order in your favour is only the start, as has been made clear here. Enforcement proceedings often necessary afterwards. Getting your client to court without having run up expenses you might never recover is a good idea, if you think that at the end of the day you have little or no chance of ever seeing the colour of your money.

As a rule, once the recorded delivery letter has had no effect, beefing up your action generally means that those who can pay, will. Those who can't, well, at least you know! Quite a few folk sleep surprisingly easy with judgment debt against them!
What surprises me more still, is that we are so reticent to pursue. Far be it from me to advocate proceedings at the slightest signs of late payment. However, when you have really tried everything, and the sum owed represents a sum you cannot support (morally or financially), go ahead. You don't want to ork with these flks again anyway.

In fifteen years of activity, I have pursued five times, reaching various stages in the procedure. Twice it was to discover that the client was unable to pay, and indeed had been at the time of placing the order. Then, you debt just gets stuck on a list with lots of others, tax and retirement funds take precedence, once any outsanding salaries have been paid. Twice the folks coughed up within 48 hours. One client finally started paying. I got most of what was due, but not all.

[Edited at 2009-04-23 06:25 GMT]


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Agnieszka Matuszewska  Identity Verified
Poland
Local time: 10:24
English to Polish
+ ...
TOPIC STARTER
thanks Apr 23, 2009

[quote]Nikki Scott-Despaigne wrote:

Thank you Nikki for taking your time to share your experience, I find your info very useful. I'm not at the stage of going to a debt collector yet, but will consider it, as I want to get my payment in the end and I don't care about what way it is done, as long as it is effective.


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