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Battle weary

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Everything posted by Battle weary

  1. My business went into voluntary liquidation in February 2007. I was made to sign what I believed to be a personal guarantee to make payment of any shortfall in the liquidators fees if there were insufficient assets, which I believe is a fairly standard practice. I did not pay and ended up being summonsed for non-payment by the Insolvency practitioners solicitors. The hearing took place last friday. I spoke to the solicitor for insolvency practitioner before hwe went into the hearing and they were trying to get me to agree to some sort of instalment arrangment. I declined and the court case went ahead. The Judge asked the solicitor acting on behalf of the Insolvency Practitioner if the Personal Guarantee that they were asking for enforcement on was the one that they had put in their disclosures. The solicitor said that it was. The Judge then went on to say that there was a law called the Statute of Frauds 1677. The Judge then asked the solicitor to read out what was placed immediately above my signature on the letter of guarantee drawn up by the Insolvency Practitioner. It reads "We agree to the terms of this letter for and on behalf of XYZ Ltd". Below is my signature and underneath that is the title "Director". The Judge then said that I was acting as an officer of the company and had signed the guarantee as Director and that any demand for payment should be directed to the insolvent company. If Insolvency Practitioner had wanted me to act a as a personal guarantor then any reference to the company and the word director should had been removed from the form. He then dismissed the case. I am not sure if Insolvency Practitioner has the right to appeal but for now the matter is closed. Please ask all Directors to check the wording on their Directors Guarantees as they may just be a company guarantee rather than a personal guarantee.
  2. I have posted 3 sets of attachments. email 1 is a copy of the allocation questionaire email 2 is a very long letter in response to my letter asking for agreement, assignment, default and termination under CPRPD16 7.3 and CPR31. Can anyone help as I don't have a clue what they are on about. The T&C's are not the original that would have been issued with the agreement. If you look at the agreement where it asks is existing credit being settled it refers to clause 7 overleaf. Clause 7 of the T&Cs refers to PPI - section 6 refers to early settlement of existing credit. Email 3 is some excerts from the Assignment document 95% of which has been blanked out. For some reason it did not upload properly. I really need some help with these solicitors. Court Hearing early November. Do you think I need a solicitor or can I get some good advice from others on this forum?
  3. Hello slick132 Thank you for the information. I will scan and attach this evening. When I got a letter re recovery from Cabot's sols I sent them the letter stating whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. etc....This was done on 1st April. I then received the Summons dated 11 May. I have now received a letter from Cabot dated 14 May, after the summons was issued, stating that my letter to their sols was forwarded to them on 12 April and they have asked Abbey to investigate my concerns. Why issue a summons when there is an outstanding query? Can they do this?
  4. Hi there Received summons dated 11 May on 13 May. Particulars of claim state the claimant is the assignee of a debt from Abbey National PLC. Loan number xxxxxx. Notice of assignment having been given to defendant in writing. Despite demand for payment £xxxx remains due. The claimant claims £xxxx and interest under s69 County Courts Act 1984 and costs. I have not yet responded because I don't know what to do. The copy of the 'loan agreement' states that I had lived in my property for 3y 0m. In fact I had been living there for 10y 1m back in October 2000. The first copy of the agreement I received via Equidebt on behalf of Abbey National was just one page of 7 without any T&C's. I disputed and the debt was sold by Abbey to Cabot. Cabot have come up with the same one page copy of the agreement but the T&C's they attached have Santander named on them.
  5. I have a debt with Abbey National going back 10 years. I have asked for a copy of my credit agreement at the time it was with Equidebt back in 2007. There was no T&C with the mocrofiche sent and I disputed. The debt has since been sold, without my query being resolved, and I am being taken to court. The Sols for the DCA have provided a copy of the agreement and T&C - but the T&C refer to Santander??? Why, when I was supposed to have taken a loan with Abbey National -- there was no Santander. The microfiched loan page seems ok, the signature appears to be mine, but the personal details regarding date of occupancy of the property etc are not correct. Funny considering that I was an employee of ANBC. I would not have signed anything that was factually incorrect. How do I respond to Court hearing. I don't want a CCJ
  6. The car was purchased with a Black Horse Personal Loan. When we tried to sell the car we found out that Black Horse had registered the car as HPI and also on the DVLA register. In June 2007 I wrote to Black Horse asking them to either confirm that the car was on HP or that it was a personal loan. They never replied. In September last year Black Horse sent round a debt collector from Close Assist who wanted us to surrender the car back to Black Horse via them and then we would be liable for any difference. We contacted Trading Standards who confirmed that the car was on a personal loan and not subject to HPI. Because we had agreed to surrender the car back to Black Horse they removed the HPI and we then sold the car privately on 15 December having lost many thousands of pounds of its value. No dealer would take the car off us before xmas and we found a cash buyer who offered us a small percentage of the cars real value. We accepted this offer because the insurance, tax and MOT was running out and we could not afford to carrying on with the car. I would like to add that it sat unsused from the February to the December when we were able to sell it.
  7. http://www.consumeractiongroup.co.uk/forum/legal-issues/147975-county-court-claim-form.html The above is a link to my earlier thread re Black Horse I have to get the forms back to the court by Friday. I have recieved some of the information following my Part 18 request to Black Horse but no statements. I want to counterclaim for unfair charges - but cannot until I have the statements. I want to counterclaim for the loss of value of the car for the 10 months that I was unable to sell it because Black Horse unlawfully placed it as HPI. I want to counterclaim for the insurance, tax etc that I had to pay on the vehicle for those 10 months. I want to countercliam for all the time and expense, ie letters, postage, phone calls, time off work to see their debt collectors etc. Can anyone help with this please???
  8. I have had no response whatsoever and need to put my defence together today so that I can post by guaranteed next day delivery to the Court. Can anyone help please.
  9. This is a picture of the N1. I am sending recorded delivery the acknowledgement of service to the court and part 18 letter to the solicitors tomorrow. Is there anything else that I need to do or do I just wait the 14 days to see what the solicitors response is?
  10. Thanks Creditcardmug for your reply. I have not got this far with anything before so excuse my ignorance. What are AOS and CPR? And who do I address your letter to? thanks for your help.
  11. I have just received A county Court Claim form against me. The claimant is Black Horse Ltd for £13,990.99 The history is as follows - I apologise if it is a bit long winded. We had problems with Black Horse re our car loan when our business went bust - we couldn't pay the monthly payments. After looking on this site we realised that any recovery action that a company may wish to take depends on the type of finance - we had a fixed sum loan agreement with Black Horse. BH insisted that it was a HPI agreement and registered the car as HPI and also an interest on DVLA. They sent round their debt collectors who arranged to take the car off us to lessen the burden of debt. We contacted Trading Standards who looked at our agreement and confirmed that we had a personal loan and that BH had no right to take the car from us. They had to remove the HPI and DVLA notes as our loan is a personal loan and not HPI. Trading Standards have been involved with the case. Some 10 months after starting this crusade we were able to sell the car. Now to my questions: I sent Black Horse a request for the copy of my credit agreement on 01/10/07. They cashed my £1 cheque on 05/10/07. They have never provided me with a copy of my agreement. They referred the debt to Sechiari, Clark and Mitchell back in December 2007. Are they allowed to do this when the account became in dispute circa 19/11/07 after they failed to provide me with a copy of my CCA? Black Horse then sent me a letter of default on 09 May 2008. Can they do this whilst the debt still remains in default? How do I respond to the court papers? They are dated 09/06/08 so I do not have long to respond? Can I make a counter claim for costs of insurance, road tax, loss of value on the car for the 10 months that it took Black Horse to remove the HPI before I could sell it? We eventually sold the car at xmas 07 for a very reduced value - the insurance, tax and mot were due for renewal. No dealers were taking cars just before xmas, so we sold it for a fraction of its true value. We estimate that it cost us/we lost £6,000+. Any help you could give would be very much appreciated. Just after I lost my business my father was diagnosed with cancer and died in July last year. During this time Black horse were "bar stewards", hounding me on the phone and sending debt collectors round from Close Assist to try and collect the car. I am so fed up with being trodden on by these bullies. Please help me fight back.
  12. Link have written to confirm that they have no CCA for my Abbey Credit card taken out in the 1990's. They have not provided a letter of assignment either. I have been paying them since 2002. I CCA'd them on 01/10/07 and got no response so have reported them to TS and FOS. Can I do anything to reclaim all the monies that I have paid them over the last 5 years? And is there anything else that I should be doing. The debt stands at £1,700 (after the payments I made to them). They won't be getting a penny more.
  13. Hi there We had problems with Black Horse re our car loan when our business went bust - funnily enough we couldn't pay the monthly payments. After looking on this site we realised that any recovery action that a company may wish to take depends on the type of finance - we had a fixed sum loan agreement with Black Horse. BH insisted that it was a HPI agreement and registered the car as HPI and also an interest on DVLA. They sent round their debt collectors who arranged to take the car off us to lessen the burden of debt. We contacted Trading Standards who looked at our agreement and confirmed that we had a personal loan and that BH had no right to take the car from us. They have had to now remove this as our loan is a personal loan and not HPI. Trading Standards are involved with the case. But we are happy to say that some 10 months after starting this particular crusade we can now sell the car. A HUGE SUCCESS FOR US AND 2 FINGERS UP TO BLACK HORSE!! So keep looking on this site.!!!
  14. Mercers for Barclaycard. Do not understand english. Completely ignoring my harrassment letter.
  15. Thanks for all your help to date. I sent a letter to Mercers re Harrassement (found a good letter in this site). They are still ringing me. I am answering the calls now so they are logged and just tell them to read my letter and respond in writing and then put the phone down. What is the best action now. Who can I report them to and what would my reasons be?
  16. Thanks for all the help so far. Mercers didn't call at my house on Friday - pity I had my camcorder all charged up and ready!!!! The phone calls have started again though. Question. Is my application form classed as a credit agreement as stated in the final response from Barclaycard? If so then I will have to start making payments on it as it will be accepted as a credit agreement.
  17. I CCA'd Barclaycard on 1st October and this is what I got back on 21st December. Copy of CCA from Barclaycard.pdf This is illegible. And I do not understand the accompanying letter which states that an Application form is an agreement - see below. Lette fro Barclays with copy of request for CCA.pdf I responce I sent the standard template asking for a true copy etc.... This is their final response. Terms & conditions and their final response.pdf They have never provided me with a legible copy of an agreement and appear to have closed their files on the correspondence. Where do I go from here? Also from November i have had constant calls (at least 3 per day) from Mercers. Now I know that Mercers are Barclaycard - but are they allowed to hound me when the debt is in dispute? A Mercers representative is calling round my house tomorrow. I am going to video the event. But any advice on all the above please as ammunition before he/she/it arrives. Thanks very much. xx PS I did make a real pigs ear of trying to post about this before but my attachemnts didn't work - so am trying with a new thread.
  18. Lette fro Barclays with copy of request for CCA.pdf Copy of CCA from Barclaycard.pdf Hello Copy of CCA request and letter from Barclaycard stating that complied with regs. Any comments? Also see their final letter on my first posting. Sorry my attachments are a bit of a mess!
  19. Not doing well here. I will have to wait until I am back at work on Monday and will post again once I have borrowed their scanner.
  20. [ATTACH]1852[/ATTACH] Barclaycard 3.pdf Oops sorry now attached (i hope) I have just had a card put through my door saying that someone from Mercers is going to call round on 1st Feb.
  21. I have attached several pieces of correspondence. 1 October CCA'd Barclaycard - not attached but standard template See their letter dated 04/10/07 See Statement of November showing debt passed to Mercers 21 November see stalling letter from Barclaycard 18 December see response to request for CCA - this is a genuine poor copy not just a bad scan!! 18 December see letter and T & C In early Jan 08 I wrote standard template stating poor copy, application only etc and asked for a true copy - not attached. 21 January - their final response attached. What I need help with is: Were Barclaycard allowed to pass to Mercers when they hadn't at that time given me a copy of my CCA? What action can I take? I need some help with their final letter dated 21 Jan - they haven't provided a true legible copy and state that the application I signed is an agreement? Is this correct? Can and how do I respond? How do I stop the 3 calls a day that I have been getting from Mercers since early December. I have asked for them to put everything into writing, asked for their complaints department address(they refused). Nothing recieved in writing from them but they state that they have sent 5 letters to me. Where are they? I am about to go into mealtdown. HELP PLEASE!!!!!:o
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