Chasing a commercial debt

[Traco]

Hi

I have a small buisness and supplied goods to another business. They are still trading but just won't pay / choose not to. All items were supplied and are parts so in use on production equipment. All our documentation clearly states retention of title until paid for in full.

Two invoices relate to 2013 and one to early 2014, numerous statements have been sent and emails etc. However towards the end of last year I send a formal notice/letter of demand requesting payment within 7 days and this was ignored. I'm sending a second notice today by registered post including the first one, statement and copies of the invoices.

I want to pursue this one fully, cos I want the money but also to know how the system works and ideally se if it can be done through the legal system without a solicitor to keep costs down.

As far as I can see here (LINK) it's a case of the district court issuing a summons based on the information provided and then me notifying the debtor that a summons has been issued and informing them of the return date.

What I cannot see is if this process can be started by myself/business or if it must involve a solicitor, I could just go to the court and ask but thought I'd get some input here first or perhaps someone has had a similar experience.

Thanks for reading.

 

[mf1]

Well, you can do it yourself but , I suspect, you'll struggle

You have to stamp and issue ( as in go in to the District Court Office and have the notice made official) a Claim Notice - see this link

http://www.courts.ie/rules.nsf/53bd...c1837ccc1c59464d80257c90005e90e5?OpenDocument

then serve it - correctly

Wait 28 days - if they don't defend, you can file a judgement set

mf

 

[Traco]

Thanks for that link, I'm hoping its a bit like everything in life tricky the first time but after you've done it once it makes sense and becomes more straighforward.

I personally think these kind of cases should be straightforward and not require or place unnecessary legal fees on a company, particularly if there is no dispute about the quality of the goods etc and simply a case of someone chosing not to pay. It seems ideally suited to a system that allows you to lodge a claim - a bit like the injuries board. That would keep many of teh debt collection agencies out of the equation and reduce court time also.

 

[TTI]

Hey Traco, have you made any progress?