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falten

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  1. Well the company has no assets and no money so the company would not be in a position to pay. The accountant sent invoices and then warned me of litigation then I received the court claim from his lawyer. The relationship used to be fairly good but due to my company suffering financially the relationship has pretty much broken down. I'm just not sure what exactly to ask him for as in how to ask him for a full breakdown of the invoices. He tends to be quite vague. The other problem is that time is running out for me to submit my defence. Is there any sort of time extension that I can request from the court in order to have time to get clarification on my defence from the accountant.
  2. The POC are : "the claimant is claiming monies owed for a consultation between the Claimant and Defendant at the request of the Defendant and invoiced in the sum of £1846 a copy of which is attached hereto." Now I don't remember requesting to see the accountant at all during 2008 or 2009. I would have gone to see him in response to a request he would have made for me to come and see him to discuss business accounts etc. You say I should use a CPR request. Could you tell me which CPR that would be as in CPR 18, CPR 31.14 or CPR 31.15.? Thank you so much for your help, it is really helping me make sense of everything.
  3. Thank you very much for replying to my post. I had a look on file at the service agreement and I see that there are actually 3. One is for the company accountancy, one is for my personal accountancy (the accountant did my payrole and personal tax returns), and the last is for the company secretarial accoutnancy. On the company agreement it does not state any personal liability by directors. There are 2 invoices that are both addressed to me that the accountant is claiming for states: The first invoice states Professional charges in respect of: Financial management work and advice from January 2009 to 30 September 2009 Accountancy work To include all associated telephone calls and correspondence with yourself and HM Revenue and Customs. The second invoice states Professional charges in respect of: Financial management work and advice for the period 01 October 2009 to 31 March 2010 Completion of form P35 for 2008/2009 and filing online Work on 2008/2009 tax returns To include all associated telephone calls and correspondence with yourself and HM Revenue and Customs. The last time I saw the accountant was around March 2009 and the business hasn't traded since October 2009. The total invoice amounts add up to £1846 for just over a year of accountancy. So not sure what to do now, not sure if all these accountancy amounts are for personal accounting. I am just so confused at the moment, not sure what to do.
  4. I have a recently received a court claim with regards to accountant's fees from when I had my limited company. My limited company still exists but hasn't traded for the last 11 months. The accountant stated on the court claim that it was for professional services. I would like to see what evidence the accountant has to show that I am personally responsible for these fees as opposed to the limited company being liable, considering that the accountant's fees were always set out as a business expense in the company accounts. My question is, what request could I make to the accountant's lawyers to ask for evidence of the service agreement because in his court claim he has not mentioned any documents only attached one invoice for charges. I really am in a panic over this issue, please could somebody offer me some advice. Thank you for your help
  5. Thanks supasnooper for your response. I have read through the link on enforceability of CCAs. On the MBNA CCA that I posted, it stated that MBNA will choose my credit limit and tell me what it is. Is this sufficient details with regards a credit limit on the credit card, does this not sound more like an application for credit form? The other thing is the "Your right to Cancel" section states "once you have signed the agreement you will have a short time in which to cancel it. We will send you details of how and when you can do this." Is this allowed? MBNA refers to details in paragraphs 1 - 14. On this agreement there are only sections 1 - 3. Thanks Falten
  6. I requested a copy of my CCA from MBNA a while ago. The account went into dispute and then I sent the dispute letter as they hadn't provided any copy of a signed CCA. Then a few weeks ago a copy of an electronically signed agreement arrived from MBNA. I would really appreciate any advice as to whether the agreement is enforceable. They are saying that their next step is legal action. I have attached a copy and have blocked out my personal details and reference number on the first page. I noticed that there were no reference numbers or anything else linking the pages together, is this correct? Thanks Falten Full page photo.pdf
  7. I requested a copy of my CCA from MBNA a while ago. The account went into dispute and then I sent the dispute letter as they hadn't provided any copy of a signed CCA. Then a few weeks ago a copy of an electronically signed agreement arrived from MBNA. I would really appreciate any advice as to whether the agreement is enforceable. They are saying that their next step is legal action. I have attached a copy and have blocked out my personal details and reference number on the first page. I noticed that there were no reference numbers or anything else linking the pages together, is this correct? Thanks Falten Full page photo.pdf
  8. I know this might be a bit of a stupid question but can a creditor issue defaults or summons etc. while you are waiting for them to supply you with the documents under a subject access request? I originally sent a CCA request to Barclays for a Barclayloan. They sent me copies which seemed to contain all the prescribed terms but no signature. They stated they were not obliged to send me a copy with the signature. So I have now sent them a Subject Access Request so that I can get copies of everything they have on file. They have responded so far by threatening court action. Would it have been better to use the CPR route to check if they do have a signed credit agreement? I would appreciate any advice that I can get Falten
  9. Do you happen to know where I can find the quote from the credit act that talks about the requirement for legibility of credit agreements? Thanks Falten
  10. Thank you for your reply. Yes, the copy agreement is as illegible as the pdf in my previous post. When I made my initial CCA request a while ago, Next sent me the same illegible copy. So I sent them a letter saying it is unenforceable due to illegibilty. They have now sent the exact same illegible copy again with a separate sheet of paper containing a legible blank credit agreement and the prescribed terms and conditions. They are claiming that for the CCA to be legal and enforceable, the only details that need to be legible on it are my personal details, date and signature (all of which are the only things legible on the document). So do you think they are just trying their luck with me? Thanks Falten
  11. Here are the links to the bigger images. Next CCA.pdf Image1-1.pdf
  12. After requesting an enforceable CCA from Next, I have received a signed credit agrement from Next directory. I have blacked out my personal details, signature and date of signing. The terms and conditions on this copy of the credit agreement that Next has sent me seem pretty illegible to me. They have sent a separate piece of paper with a legible blank agreement on it so that I can read the terms and conditions on there. My question is whether all words on the actual signed credit agreement have to be legible or is it just your personal details, date and signature that have to be legible for it to be enforceable? Is it legal then to send an attached form with the terms and conditions on it? Thanks for your help Falten
  13. Thanks for the reply. I have read through the first page of this post regarding enforceable CCAs. I am still wanting to know whether a CCA with a misspelt name is still enforceable? Please could someone advise me on this 8)
  14. Thanks for the reply, I have posted on the link as well. Really hoping that the agreement would be unenforceable due to misspelling of surname. The funny thing was that the terms and conditions that they sent me which are the current ones, have my surname suddenly spelt correctly....
  15. Hi, I sent a CCA and statement of account request to Skycard. Skycard has sent me the 1 page CCA as well as their current terms and conditions, no statement of account. I noticed on the signed CCA my surname has been typed on with a misspelling, it is missing a letter. Does the misspelling of my surname affect the enforceability of the CCA at all? Does Skycard still have a legal obligation to supply the statement of account as requested? Another question I have with regards CCAs is what parts of the Consumer Credit Act do they by law have to include on the credit agreement? The reason I ask is that somewhere on the CAG website I read that the following has to be included to make the agreement enforceable: "schedule 1 para 3-19 is statutory info, plus there is schedule 2 forms 1-15 depending upon the agreement. If you have a large chunk of this info missing that can mean you have been denied the info the law requires and could prejudice you as a result" I would appreciate advice from any of the lovely members of CAG. Thanks Falten
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