Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Currently our ltd co. account has been transfered to Westcott credit. There is an amount for a loan and also overdraft (which is mainly made up of bank charges)
I wrote to Westcott to try and delay payments - I do not dispute we owe the loan money, however they have lumped the amount together and I am trying to find out how much of each (loan/charges) so I can agree a payment for the loan and hopefully stall the charges so I can claim them back at later date.
They have sent me a copy of the signed guarantor agreement (they are pursuing my husband for this debt) but I wanted a copy of the signed loan agreement (hoping they couldn't find it actually!)
After Westcott faffing about for ages, we got a letter this morning stating:
Limited Company Business loans do not fall under the consumer credit act. Therefore, there is no requirement to supply you with a copy of the agreement in this instance. You have only agreed to stand gurantor to indemnify £8k of the outstanding balance owed to our client.
Is this correct? How can they lump them together when they were 2 different things?
They have sent me a copy of the signed guarantor agreement (they are pursuing my husband for this debt) but I wanted a copy of the signed loan agreement (hoping they couldn't find it actually!)
I bleieve they cannot "Lump" the 2 together, I would send them a SAR demanding a statement of accounts to see what they have been doing.
As for the CCA Request I am not sure on business loans but I am sure someone on here will be, if you do not get an answer click on the triangle symbol to alert a mod who may be able to help
I will look at guarantee tonight.
I didn't think they could lump them together. They say the guarantee was for £8k and they seem to have put the overdraft in there too. It is mainly made up of charges that I would like to try & claim back at some point. Doesn't seem fair. As I said, I know I have to pay the business loan back, just trying to delay at mo.