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mkb

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Everything posted by mkb

  1. Email sent & this received in reply: Thank you for your email. I appreciate your comments; however, we are not pursuing the limited company for non-payment of its account but are rather suing in respect of the dishonoured cheque which was in your personal name (Mrs xxxx t/a xxxxxx) and not in the name of the limited company; accordingly, the liability for this payment remains with you personally. This is because, under the Bills of Exchange Act 1882, the law says that when you write a cheque to someone, you effectively promise that the cheque will definitely be honoured by your bank and if, for whatever reason, the bank does not honour the cheque, you imply that you will compensate that person in full. I would strongly recommend that you seek legal advice to verify this if you are unsure; however, I can confirm that we will strongly contest any claim you make for our action to be struck out since this would be an abuse of procedure (especially since there is almost no defence to a dishonoured cheque). If it is of assistance, I would refer you to the information given under the following link http://www.insolvencyhelpline.co.uk/ltd-companies/bad_cheques.php which confirms the details I have provided above. In the circumstances, I trust that you will now arrange for the amount due to be paid without further delay. Yours sincerely Any suggestions guys?
  2. Blooming well forgot to email them on Xmas eve!!! How does this look? I write with reference to your letter & court claim against me. You have issued the claim against me as an individual, however this claim should be addressed to the business of xxxxx Ltd, as this is a company liability & not mine personally. The invoice you attached to the claim verifies this. To save court time & costs, I request that you discontinue your claim. If you refuse to discontinue, I will ask the court to strike out your claim on the basis that it is factually incorrect.
  3. Shame they couldn't even get the dates & amount to pay to match the original one! Hope your entire case is thrown out & Cohens brought to book for this
  4. Sorry to be dim here Write to GE or to the brokers? The brokers have til mid-Jan to respond in line with the 8 week timescale so not sure if writing to them would help at this time. I do have a letter to send reminding them of the timescales & will be sending this at the 6 week mark. When I complained to GE about the PPI, I got absolutely no response whatsoever & thats why I then complained to the broker. I need to get something off to GE so that we don't get charged this £46 fee for refusing their debt counselling service so any suggestions welcome
  5. Irrespective of the breed of dog, I believe that owners should be responsible enough to prevent any incidents like this. We have a Lab & a Rottie and its the Lab that barks like mad whenever someone is at the door. The rottie sits on the stairs so that he can see who it is before slobbering all over them!! However, this doesn't help when the person at the door has been so influenced by the media into believing that all rotties are devil-spawn whose sole existence is to maul everyone to death. My mother also believes this & refuses to visit us now!!! Our rottie used to shred post so we secured a post box to the front of our door on the outside so that a) post remains secure & b) no hands can push through the letterbox & trigger a reaction from either of our dogs.
  6. I think that what is clear here is that nobody minds the 'other side' being on the site provided that the information they share is correct & legal. Its when they spout rubbish that they are never wrong that people become disgruntled (rightly so). It is time that bailiffs were properly regulated & that the general public were made aware of exactly what the bailiffs powers are as well as the charges they can lawfully make.
  7. Here it is http://img51.imageshack.us/img51/6536/12005146.png http://img51.imageshack.us/img51/7956/secloan.png
  8. It was taken out mid-2007 so probably not worth checking?
  9. And STOP answering the phone to them!!!!
  10. Then you send the a/c in dispute letter. The fact that they have said they need to get it from the OC is not your problem - they still need to comply within the stated timeframe. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale
  11. Hi & welcome to CAG. The very 1st thing you should do is stop talking to them on the phone!! When they ring, refuse to do their security checks & hang up. If you're with BT, they have a choose to refuse facility where you enter the phone no & the next time that number rings, it rejects the call. You should also send for the agreement. This will cost £1 per agreement & should be sent unsigned & by recorded delivery. With the request, you can also enclose the telephone harassment letter. They have 12 days from receipt of your letter to produce the agreement. If/when you get them, post here for checking the enforceability. Relax, put your feet up, eat plenty of chocolate, drink plenty of whatever your favourite tipple is, enjoy the holidays & thank the lord that you found CAG http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html
  12. Not phoned but did think I might email the person that sent the letter. Think I'll do it about 4pm today
  13. Thats what business debtline also said So what should I put on my defence form other than what I said above? The invoice was attached by the claimant when they issued the claim so there can be no dispute that its the Ltd Co invoice.
  14. We have a secured loan with GE Money which is 2 months in arrears. We have made a complaint of mis-sold PPI to them in Sept this year & got absolutely no reply so have raised the same complaint with the broker who sold us the loan. In the meantime, our business has closed & we now only have income support, carers allowance & DLA as income. The mortgage will be paid by income support but not this loan. Letter arrived yesterday saying that "they have asked an independant firm of Mortgage Field Agents" to arrange a convenient time to visit because of the arrears. It goes on then states "if you wish to accept our offer of help, you do not need to contact us & that a fee of £86.25 will be applied to your account. If you do NOT wish to receive this support, contact us within 10 days. If you do not contact us a charge of £46 will be applied to your account" We do not want this visit but nor do we want this ludicrous charge of £46 for nothing! (GE Money are also our mortgage lenders & have issued possession proceedings but we got advice & help from LA who have faxed a statement to court asking for suspension pending the payment from IS) We can't afford to pay this loan as we only have an income from benefits. Aargh - what can we do??
  15. Hi Seminole This is where it gets complicated! LTSB decided to close our Ltd Co account so our accountant advised that there would be no problem in using the T/A account for payments & receipts so the cheque that bounced was a T/A cheque but the invoice is to the Ltd Co.
  16. So no documents other than the bounced cheques & invoice to which it relates being used by claimants. On my defence form I have written that the claimant has issued this claim against an individual but relates to a Ltd Co therefore I deny any liability for the outstanding monies. Should I add anything else? The invoice has the Ltd Co name on it so I feel it is relevant but dont know how to word it into my defence
  17. And when you contact the other person, tell him to have a look on CAG to let him know how to check everything he has ever signed is legally enforceable etc.
  18. The OP has not said that any levy was made. Are you saying that an 'attendance to remove' fee where no levy is made is still correct?
  19. HCE - maybe it would be helpful to the OP to cite the exact figures that the bailiff can charge & allow the OP to decide on their next course of action
  20. mkb

    Moorcroft/Argos

    Yes, as always (we caggers are very wise to their claims aren't we ) Thanks cerebusalert. Will get that off tomorrow but does this also need to be RD or just stamped envelope?
  21. mkb

    Moorcroft/Argos

    No agreement ever received from Moorcrap & today we get a letter from DLC claiming they have been assigned the debt. In the envelope is a letter of assignment from Argos & a payment options form which laughingly has under employment status that needs ticking either employed or self-employed & no reference to unemployed As Moorcrap never supplied the CCA, what do I need to send to this latest bunch of jokers?
  22. Courts are closing at 4pm today & re-opening on Jan 4th (same day that Dan & ourselves are listed for possession hearing.)
  23. They haven't said the charges are fair. OFT to review newspaper supply code - The Office of Fair Trading
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