- Reaction score
- 244
So....This has not been resolved and I expect to face the debtor in court in later this year. Even so, this is where I've changed the way I work. Just a couple of pointers that might help others.
1) Start every single interaction with a client on the basis that you might end up in dispute. No texts, use email, WhatsApp or even a paper and pen (camera-copied)
2) Confirm any changes using the above.
3) Very few of us like conversations about money. Practise it and get the "how much and when" communication up front.
4) Photographs before and after will help your memory and add weight to your case in the event of a dispute. This has saved me from progressing to dispute more-than-once.
I'm confident I'm presenting a good, honest and well-recorded case for payment and compensation. I am also adopting the approach of "even if I lose I'll be wiser next time" so will certainly progress this to court.
That was written in January 2020. Such halcyon days; pre-covid awareness. When I looked for advice on the Small Claims Court there was very little and even the legal profession didn't want to know. I spoke to a local office and they gave me 30 minutes free advice. Everything else is my records and my wife's diligence. I thought I add a few words here in the hope it help someone in the future.
The end result...I won the full claim with costs and, somewhat to my surprise, the debtor paid. That a practiced bankrupt paid rather than hide behind "no assets-LTD" was a shock. In terms of stress and lost hours, the whole process is hell with most of the stress being caused, not by the opposition but but the court system and inconceivable levels of both under investment and general incompetence.
As I said above, keep good records and photograph everything. Keep your written argument short, accurate unemotional and to the point. Don't be tempted to add, exaggerate and let your written submission talk for you on the court day.
Oh, and if anyone tells you SCC is easy so just "get 'em in court"! Ignore them; odds are that they haven't actually ever progressed one to court as a small business / ST. I've found a good few of those.