Widow might not see a penny of £9k she is owed
Wednesday 26th October 2011, 2:30PM BST.
A WIDOW owed more than £9,000 fears she will not see a penny of it, despite the debtor being instructed to pay by the courts.
Former Dolphin Stores owner Mandy Pallot, 52, is doubly frustrated because the man who owes the money, Ahasan Kabir, is now running another business, a restaurant.
A Petty Debts Court judgement in July instructed Mr Kabir to pay Mrs Pallot £30 a month until the £9,166.60 debt was repaid.
The ruling meant she would not receive the full amount for more than 25 years.
But Mr Kabir has already defaulted and Mrs Pallot (pictured) has now spoken out about the lack of protection for people awarded money by the courts.
- Read the full story in the Guernsey Press. Click here for subscription details. Individual editions are now available online.
- To read Guernsey Press stories in full click here for subscription details. Individual editions are now available online.
Island Life
All about Guernsey
Ambassador of the Year 2011
History & Heritage
Visitor Information
Guernsey's government
Campaigns
Voice For Victims
Voice for Victims is a campaign aimed at promoting the rights of those affected by child sexual abuse.
This is Guernsey
Guernsey Press
Useful Links
There seems to be a worrying difference between the way a criminal debt [a fine] is dealt with as opposed to a civil debt [a Petty Debts Judgement].
When Mr Wong was quite rightly fined a considerable sum for harbouring illegal workers the upshot is that he has to sell assets such as his house in order to pay his criminal penalty [the fine].
Why then isn’t Mr Kabir similarly compelled by the courts to do likewise in order to meet the civil debt found owing by the courts. £30 a month with a 25 year payback? Scandalous.
In a similar vein [though by no means comparable to the dreadful situation Mrs Pallot now finds herself in] we had a Petty Debts Judgement in our favour against an ex-employee. He too has defaulted and despite us repeatedly pressing the Sherrif for action nothing is done on the basis that he isn’t working now. But conversely, when one of our employees falls foul of the law in some way and is fined we are sometimes required to do a wage arrest in order to ensure that the fine is paid. Why can’t a ‘benefits arrest’ be enforced upon the guy who owes us money?
It seemed like a good move when the maximum debt level in the PDC was raised to 10k recently, but sadly it seems that unless the money is owed to a body such as the Tax Office then the process is in reality pretty toothless.
It’s time that people like Mrs Pallot received the back-up and protection which applies in the case of criminal convictions. After all, at least in the case of a civil judgement such as hers we know that the money is being repatriated to where it belongs. Where is the income generated from fines actually spent?
Report abuse
What restaurant is he running?
Report abuse
The simple solution is to send the Sheriff to arrest belongings and auction them off.
Report abuse
Total joke.
I beleive he owns the Basmati,
Another place to never sit foot in with the family.
You can not tell me that he can not afford to pay more than £30 a month , with the ammount they charge.
I might pop in and ask if I can pay for the food over 25 years.
Report abuse
Absolute disgrace !!
If anyone as a result of owning/running a business runs up a debt and owes any amount of money to anyone they should be barred, by law, from starting/running another business until the debt(s) are paid off. There has to be provision for it somewhere, they barred Howard Holland.
Report abuse
They should take the time value of money into account as well. £30 in 25 years time is not likely to be anywhere near of the same value due to inflation.
The inconvieniece in not having the lump sum should be considered too.
£30 a week does seem a pretty poor effort.
Report abuse
Interesting that a Mr A Kabir is listed in the telephone directory as residing at the same address as the much publicised Mr Wong!!
Peas in a pod?
Report abuse
Dani – even worse, that’s £30 PER MONTH. Ridiculous
Report abuse
That’s the last time I set foot in Basmati – what an absolute farce.
They must take thousands in there each week, surely Mrs Pallot must be entitled to more than £6.93 of it???
Report abuse
Sarnia expat – Yeah that does make it even more shocking!
Sugared Brazil Nut – The UK do deduct £5 a week from benefits currently for criminal offences (I’m not sure about civil ones).
It is going up to £25 though as David Cameron feels the current approach is too soft and the consequences of actions are not felt if individuals only have to pay the bare minimum.
I think it is a good point. It would be interesting to see the impact of this when it comes in over in the UK.
Report abuse
Hi dani it is £30 a month & since it went to court i have only received 1 payment in 4 months .
Report abuse
Well I hope that anyone reading this article will never set foot in the BASMATI again. I feel very sorry for Mrs Pallot and I hope this person realises that he can not treat Guernsey people like this.
Vote with your wallet
Report abuse
I wonder how he managed to wangle credit terms with his suppliers for his new venture?
Report abuse
As a friend of Mandy I can tell you she is an honest hardworking person and doesn’t deserve to be treated like this. Obviously businesses owed money by Mr Kabir are getting their share before Mandy. How can this be right? I’m sure businesses can afford more of a loss than an idividual! Is it really fair that Mandy is allowed to be treated like this – even with the courts involved she is still not getting what he agreed to pay. This man should not be allowed to run another business and get credit to do so. When I lived in Guernsey I thought Guernsey looked after their own people – but obvioulsy that is not the case. I just hope that everyone boycotts Basmati so that Mr Kabir cannot continue in business. Under the current circumstances I cannot see that Mandy will ever get another penny that is owed when after all she sold her business in good faith to someone who promised to pay her in full.
Report abuse
Hallo Mrs Pallot – I was disgusted to read about your plight; hopefully a reader or a poster on this forum, with clout in the community will take your sad case forward to justice.
There are shifty types here, local, I am sorry to say, who for one reason or another think they can ignore their debts and in so doing, people who put there trust in them are also suffering the consequences.
Report abuse
I am so disappointed in the Guernsey Courts system, that allows a person to be made to pay a debt of that amount (just under £10,000) at such a ridiculous amount of £30.00 per month. I also feel as a local person, if people come into the Island and run up such debts and they are on a licence to live here and they do not intend to repay their debts they should have their licence revoked and not allowed to return to the Island. It is not just Mrs Pallot that has lost out to Mr Kabir. He has been in petty debts several times over the past year when he owned Dolphin Stores for thousands of pounds to several debtors. What concerns me is that these local businesses are trying to survive in todays recession and if he doesnt pay his debts to these companies it could result in local job losses as not all companies can take this kind of loss.
As a good friend of Mandy Pallot I really feel for her at this time. After witnessing the countless bounced cheques and even several promises Mr Kabir gave her to repay the debt he had a nerve to state he doesnt even own the dolphin stores any more and the restaurant has nothing to do with her. The debt stands and as she has taken this to court and granted judgement she should be given more help by them to recover the money owed to her. This is not setting a good example for others that they can go and build up debt and they dont have to pay it back. If Mr Kabir is on a housing licence as he is not local then if he does not pay his debts back to all these people he owes money to he should have his licence revoked or even face jail. He has not only broken his legal contract to pay Mandy Pallot this money which he signed a legal contract to do he has now broken an agreement in the court so he should be brought to justice. If Mr Kabir was a decent person he would close his restaurant which obviously is not making enough money and go out and get himself a job and start repaying his debts to the hard working people of guernsey whom he owes money.
Report abuse
Maybe Mr Kabir will be able to meet his debts once those responsible for the unfortunate burglary at Dolphin Stores shortly before he left are brought to justice and the proceeds are returned to him.
Report abuse
I read in the paper that the Sherriffs have said that the only thing Mr Kabir owns at Basmati is the alcohol….. If it were me, I’d ask the Sherriff to seize it and auction it off everytime that Mr Kabir misses a payment. Not much legalistic knolwedge required, unless there is a need to complicate matters further….Or am I too simple?
Report abuse
One of the disappointing features of limited liability is that owners can effectively rack up debt when their company is failing in the full knowledge that when things do go pop they can hide behind administrators and insolvency.
I couldn’t do that as an individual without a court chasing my assets; but hide behind a company and the unscrupulous can do what they want(ish)
Report abuse
Hi guernseyman i have asked the sherriffs to arrest the alchol but in order for them to do this i would have to pay another £80 & they tell me by time they have advertised the alchol i would not even get my £30.
Report abuse
Hi i would just like to thank everyone for there kind comments kind regards mandy pallot
Report abuse
Neil – not true – that would be fraudulent (or at least “wrongful”) trading – both of which are offences giving rise to personal liability for the directors of the company.
Report abuse
Terry
You think company directors never try and trade their way out insolvency by using supplier credit lines?
And you obviously think that it’s simple to prove and litigate against Director mal-practice.
A- ha – ha ha ha ha ha ha hah ah ah ah ah aha ha ha
ha ha ha ha ha ha hah ah ah ah ah aha ha ha
(pause for breath)
ha ha ha ha hah ah ha ha ha ha ha ha ha ha ha ha ha a ha ha h………
My point remains; as an individual it is illegal present a cheque knowing that I have no funds to honour it; it’s called fraud by false representation and is a criminal offence. Companies, on the other hand, appear to get away with it regularly.
Do not confuse criminal civil and/or company law; people often confuse the three like you have.
Report abuse
I think it is very said because if Ahansan Kabir can afford another business I think he should be able to pay Mrs Pallot more then £30 it’s said I will not be putting money in his pocket by going in to Basmati.I think Mrs Pallot deserves more and now. Good Luck to her.
Report abuse
I think it is disgraceful that people can owe money then default on the payments and nothing at all is done either by the sheriffs dept or the courts .Mind you the sheriffs dept are not always helpful as I recently found out so no surprise there then that mandy is banging her head against a brick wall.maybe I will try racking up loads of debt default on payment then it all gets brushed under the carpet.Mr Kabir should be ashamed of himself he knows mandys situation after her husband passed away has he no conscience obviously not . .Good luck mandy I certainly will NEVER NEVER use BASMATI
Report abuse
Neil – if you get back down off your high horse and re-read your original post you will see that you were alleging that directors can rack up debt with impunity when they know that their business is going down the pan, and that they are protected by the limited liability of the company. In the example as you described it, that is not true.
I didn’t say it was easy to prove fraudulent or wrongful trading, I just said that your statement was incorrect.
You say that it is illegal for an individual to write a cheque knowing they have no money. It is also illegal for a company director to write a company cheque knowing that the company has no money. Whether you are talking about an individual or company director, you have to prove fraud to get a conviction.
Oh, and I think it is you who is confused in drawing a distinction between civil, criminal and company law. Company law is mainly civil law, but crosses into criminal law for some offences. Fraudulent trading is one of those offences.
Report abuse
Terry
They can and they do. And the system of proving that is so convoluted and expensive to make it almost impossible for an individual, or other company to get simple justice.
I write three cheques that bounce to Terry and you cal lthe police and I have a problem. A Director/company representative writes bouncing cheques to Terry and the Police will tell you to go see a lawyer. That difference might be subtle but it means the world in terms of individual protection from unscrupulous company owners.
I can only assume you have no business experience or you would understand the difference between the legality and reality.
Report abuse
It seems like Petty debts system is a joke how can Mr Kabir owe so much and get away with it? Mandy is a local kind hearted gem and Mr Kabir is the complete opposite on all accounts!
Report abuse
Neil – yet again you are answering your own posts and not mine. I repeat: I did not say that it was easy to prove fraudulent trading, I just said that your original statement was not correct.
You originally said that a director can hide behind administrators – not true as the administrators will pounce on any director who they suspect of having committed fraudulent trading. And unlike the poor customer, the administrator will have full access to all of the records.
Report abuse
but more importantly, £30 per month sounds like a shockingly low amount and I would love to hear the court’s reasoning for it to not be a more sensible amount. I feel very sorry for Mrs Pallot.
Report abuse