# Debt Collection with a Difference



## productive (3 May 2009)

Just wondering if anybody can give me so advice in relation to collecting outstanding money. 

If I turn up at a company's office (reception area) politely requesting to collect a long over due cheque, can I sit in the reception area indefinitely? If the Guards are called am I trespassing? My understanding is there would be no breach of the peace, therefore it is a civil rather than a criminal matter and therefore should not involve the Guards. What do the legal minds think?

Can I stand outside sombody's house who has stopped a cheque and owes several thousand euros with a poster saying "Money Owed Here" or "Awaiting Payment for Work Completed" 

I am in business for twelve years, run a tight ship and luckily up to now have never had a bad debt. I would rather not use the services of a traditional debt collector as they are expensive and feel I should have a go myself first. I am hoping I can embarrass both wealthy parties into paying their bill but need to know what the legal risk is to me in terms of slander, liable ect 

From reading other posts, it would seem there is no point in going to court but I am not going to give up without trying at least. One debt is for 15K and the other is for 5K. The difference between my business sinking or continuing to tread water during the recession. 

Thanks


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## mick1960 (4 May 2009)

Not a legal view but that sounds great fun (not the debt). Or else you could try a factoring or a forfaiting company which in the past would give you up to 98% of you bill straight away,but I have not used one for years.Best of luck anyway


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## computerman (4 May 2009)

I have had to be imaginitive in recent months. 
One was a retail shop selling good quality stuff. I turned up on a saturday morning with 4 kids. I had 4 bottles of coke. I explained to the manager what would happen if the kids were introduced to the coke.  He laughed at me!!!

I got half my money by 12 oclock.

Another is a builder in the city center, refused to pay. I brought the kids in after school and got them to stand outside their premises with a sign which read "This business wont pay my daddy" we are now in negotiations regarding the debt.


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## rmelly (4 May 2009)

computerman said:


> I have had to be imaginitive in recent months.
> One was a retail shop selling good quality stuff. I turned up on a saturday morning with 4 kids. I had 4 bottles of coke. I explained to the manager what would happen if the kids were introduced to the coke. He laughed at me!!!
> 
> I got half my money by 12 oclock.
> ...


 
I hope the kids get their fair cut...


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## Smashbox (4 May 2009)

computerman said:


> I turned up on a saturday morning with 4 kids. I had 4 bottles of coke. I explained to the manager what would happen if the kids were introduced to the coke. ... I brought the kids in after school and got them to stand outside their premises with a sign which read "This business wont pay my daddy" we are now in negotiations regarding the debt.


 
Child labour! I love it!


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## Graham_07 (4 May 2009)

computerman said:


> Another is a builder in the city center, refused to pay. I brought the kids in after school and got them to stand outside their premises with a sign which read "This business wont pay my daddy" we are now in negotiations regarding the debt.


 
I love it. Pity my two kids are 23 and 19. Although then again the 19 y/o does have a brown belt in taek-won-do . 

I've recently , for the first time in almost 20 years, had to resort to outside collection. Just did so on Friday last. Will be interesting to see how it works out.


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## Complainer (4 May 2009)

You could try [broken link removed] - no idea if it is legal here...


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## Graham_07 (4 May 2009)

Complainer said:


> You could try [broken link removed] - no idea if it is legal here...


 
El Cobrador del Frac is a peculiarly Spanish but highly exportable idea. Would love to see it here. Imagine a black and white tuxedoed individual following your debtor EVERYWHERE. ( would he have to have a breakfast roll in his hand too though ! )


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## productive (4 May 2009)

Thanks for all your input. The Spanish idea sounds like a great idea for a start up business buring these hard time, but my hands are full already!!! Still looking for a legal opinion on my idea of a poster saying "Money Owed Here" or "Awaiting Payment for Work Completed" Can anybody give a more technical or legal opinion on my proposal. I will probably go ahead with it anyway as I need to get the money in to pay my own suppliers.


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## Brendan Burgess (4 May 2009)

There would be nothing illegal if it is a matter of fact. 

If it was a disputed debt, then there might be an issue of defamation. 

Brendan


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## battyee (7 May 2009)

I have a lady friend who's 20 year old son had a small business supplying restaurants but had great hassle trying to get paid. She invited 3 other guests to dine at a Ballsbridge restaurant & had 4 champagne meals costing 422 Euro in total. When she got the bill she produced her son's invoices & demand letters which totalled 419 Euro & told the owner that he could keep 3 Euro tip. He locked the party in & called Garda. They listened & decided that it was a civil matter & threatned to arrest the restauranteur for unlawful detention of the ladies. Justice done & all 4 enjoyed their night out.


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## Mpsox (7 May 2009)

I recall reading somewhere (I think it was in Mexico) or seeing on a travel programme something about a debt collection firm where instead of sending in the heavies, they sent around a guy dressed as a chicken (or some animal, can't remember exactly) and basically the chicken guy spent the day following the debtor around, marching up and down outside his company and his house, embarrasing him into payment.

I think a lot here depends on whether or not the debtors won't pay or can't pay. In the case of the latter, you can do what you like, but if they haven't got the money/assets themselves, it may all be a waste of your time. However I have heard stories of people who chance their arm and won't pay, blaming the downturn and yet still driving their mercs. Those are the people who need to be shamed into paying up


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## Guest116 (7 May 2009)

battyee said:


> I have a lady friend who's 20 year old son had a small business supplying restaurants but had great hassle trying to get paid. She invited 3 other guests to dine at a Ballsbridge restaurant & had 4 champagne meals costing 422 Euro in total. When she got the bill she produced her son's invoices & demand letters which totalled 419 Euro & told the owner that he could keep 3 Euro tip. He locked the party in & called Garda. They listened & decided that it was a civil matter & threatned to arrest the restauranteur for unlawful detention of the ladies. Justice done & all 4 enjoyed their night out.


 
That doesn't make sense to me. You have to see the two events as seperate (one being the unpaid invoices and the other the unpaid restaurant bill). Surely this is not just a civil matter if you walk into a restaurant, eat, and then walk out without paying the bill? The fact that there were 4 people involved who were not part of the original dispute makes this a seperate issue to me.

So I can just walk into a shop and pick up a few things and walk out, is that a civil matter also?


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## battyee (7 May 2009)

aristotle25 said:


> That doesn't make sense to me. You have to see the two events as seperate (one being the unpaid invoices and the other the unpaid restaurant bill). Surely this is not just a civil matter if you walk into a restaurant, eat, and then walk out without paying the bill? The fact that there were 4 people involved who were not part of the original dispute makes this a seperate issue to me.
> 
> So I can just walk into a shop and pick up a few things and walk out, is that a civil matter also?


Not sure on whether it is legal to offset one bill against another but I am relating events as I know them to have happened & Garda were not to take any action in the circumstances.


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## productive (25 May 2009)

Hi all, 

Just to let you know a cheque for almost €15,000 became readily available within 20 minutes when a picket started outside their premises with two men and signs. Two signs cost €20 and they will be used again in a few days on another bad debt. Peaceful, cost effective, legal and an instant result!!! For the last few months,I have been have had problems sleeping and very down with the current economic climate and how it is affecting my business. I will sleep with a smile tonight....


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## DBRAN (25 May 2009)

Excellent


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## Smashbox (26 May 2009)

Hope the cheque clears!


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## meatmonger (26 May 2009)

A friend supplied desserts to hotels and restaurants but closed up when three big hotels didn't pay up.  They are still open.

I suggested the protest with signs outside the hotels, but he was too soft.  shame, he had a good business going.


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## Smashbox (26 May 2009)

I think a lot of people would put their embarrassment first, even thought they're not the ones that should be ashamed.


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## sam h (26 May 2009)

Well done Productive, though I second the comment about it clearing.  At least you have a cheque, so you have stronger legal grounds if it bounces.

Hang onto those boards, you could probably rent them out !!!


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## maturin (26 May 2009)

Productive,

What did the signs say?

Well done!


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## productive (26 May 2009)

Thanks for the encouragement. There is a risk of the cheque bouncing but I think it will be ok. The company has plenty of money, they just did'nt want to pay. In terms of Meatmonger's post, I would encourage his friend to make a stand (I will even lend him my signs!!) In the long run, regardless of the outcome, he will feel much better that he fought to get his money. I think Hotels would cough up very quick when they know he means business!!


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## Bronte (27 May 2009)

productive said:


> Just to let you know a cheque for almost €15,000 became readily available within 20 minutes when a picket started outside their premises with two men and signs.


  That is just fantastic.  Love it.


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## Sconhome (27 May 2009)

productive said:


> (I will even lend him my signs!!)



You could go into business as a colection service!!

Well done, hope cheque clears


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