Company debts are company debts with a clear distinction. The only things a director are liable for are secured debts, (secured overdraft, loan etc) Business debtline says this is a company debt and the van is a personal item, on the log book DVLA, loan account and receipt in personal name.

I keep all paperwork and e-mails. This debt arose where I commisioned a solicitor to work a case for us in the Ltd Company which is why the debt is to the company. When I was just about to pay the amount of the bill, the bank, Lloyds, after receiving a large sum of money into the account then anounced I was not going to be allowed to pay any bills and without warning. The debt is for £1950 and I see the costs on his sheet are about £1100.

He is a HCEO. I have been talking to a business debt line where I asked "can a personal item (Van) and registered to me personally be taken in lieu of a Company (Ltd) debt?" the answer was "no, it as a third party debt and so a personal item cannot be taken for the Company debt and if this happens where it is taken then I can apply for the return of the van and claim damages from the HCEO" My only problem is he won't listen. He has said I should make arrangement to pay the debt. I have e-mailed his Office twice. Once with a file proving my ownership of the van and the first e-mail with a proposal to clear the debt. No response. I have also e-mailed the creditor and no response. He has been three times since then and not responding to any correspondence or any statute. If I was self employed then the Supreme Courts Act 1981 Section 138 (3A) applies but I am told this is an ownership issue which prevents him taking it. He just argues.

Something I have been looking for is "third party debt". A sherif has been to enforce a company debt and he thinks he can take my van. He is trying to claim a company debt by taking a personal item. The van is registered to me in person. He will not listen to the points I make and I have legal documents to prove ownership but he said he is coming back to take it. I said he isn't. I have been advised if he does take it i can have a court order to get it returned and he can be sued. I don't need the hassle so should I get a statutory declaration of ownership and what if does not take notice of that? Notwithstanding I have e-mailed his company twice with the documents and payment proposals even though the service I received from the creditor is in question. The creditor is a solicitor who would have been paid if the bank had not pulled the OD without notice and the original court case is still ongoing.

When I raised the points about licenses and why some other firm comes up when I searched them on Google.earth it stopped the phone calls dead. They wanted to charge us £1250 plus VAT which was reduced when I mentioned other peoples fees. Not heard a thing since.

If your complaint has gone to the Ombudsman then they should not be sending you letters, at least not through a debt collector. You can speak to these people and then 2 days later they are on the phone again or sending letters. You have no legal contract with Fredrickson INT so you don't need to make any arrangements with them. Defy them to take you to court. Debt is only created by your promise to make the payments and the debt is in your name. So... what have they given you? In law, a contract is only enforceable if you give them something and they give you something back. This is called a "consideration in law". It is difficult to explain but look it up on Wikipedia. So here is a provoking question.. what have they given you? A credit in your acount or a promissory note?

I had the benefit of speaking to a barrister once (for free!) and she said , "A contract is not valid in law if it does't duely protect both parties in law" I don't know where she drew this from but she assisted a company in the South on bank charges when this all came to light in 1997.

We have £20,000 in bad debts. I think you mean Daniels Silverman from Liverpool. They used to collect debts on a no win-no fee and we only paid the court fee plus an agent for the court hearing if we wanted one. Agent £150 say for an afternoon. Good, until they said judges dont want debt collectors agents in court, they want solicitors. This can cost around £1000 just for the afternoon. We looked at other firms and came up with CDI who's fee is now £1250 plus vat, half payable up front. On top of our debts or £20000, the bank (LloydsTSB) have cost us about £50,000. CDI say 25% of their business is collecting from banks. Now I don't know what to do at all.

Can I through something in the pot. The Fractional Reserve Banking system. ????????? you might say. this is radical but taught in some London Financial Institutions. Bank debt only exists when the debt is created by the bank and the account is opened with the customers name on the account and a promise to pay the debt. Go to www.youtube.com and watch "Money as Debt", in 5 parts. when you get to part 5 at the end, it goes on to explain how economists in banking and accountancy learn this. Here is a question: How much actual cash exists? and how much is on the balance sheet as loans and mortgages? There is a thought!

Hi Caro, No, the reason for decline was "pre existing condition" but it was stressed that this disease could not re-occur as the area was removed where I received specialist treatment in Addenbrookes Hospital. The consultants in this hospital are experts in this rare condition. I also went 17 years without a day off work with it due to their success.

Thank you firstly. First we have unauthorised borrowing fees and penalty interest. I used to speak to the Bank Manager every week so we could discuss what needed paying and for him to authorise the wages (which he did by fax to the local branch) For this I was charges "unauthorised borrowing" plus 26.4% int. £6500 in excess charges and he passed every penny. I used to have to ring the Manager, leave a message for return call, ring the business center, ring customer care, ring "the customer services dept of excellence", text him, e-mail him and he would only return the call on Friday-wages day, so I lost production in workshop completely on Friday intill sometimes about 2pm- 4-6 man hours for 40 weeks I was off sick for 4 1/2 months due to an operation. The insurance claim was declined. I paid £1212 up front for this added to loan (10%) Loss of claims-£1194. This now owes me £1645 Paid in £8500 (Oct 17) only allowed £1200 out(14.5%) .£11000 under OD peak. Told not to pay any bills. Had text message "sort your own wages out" I paid 3 x £100 arrangement fees to put OD in place. In the next 5 weeks I received another £12000. It took 3 weeks to negociate £4000 withdrawal which lost us December's production (but the workshop was clean!) and so had to pay supplier late so could not order materials so lost first job in January (£8000) I have incurred late fees, penalties elsewhere, incurred charges and lost credibility due to the OD going up and down without notice and had things returned when he has agreed to pay a cheque then had the day off. They would not allow me to pay a solicitor in a court case when the OD was £11000 under its peak so lost the case by default (temporarily) so still battling it out, (£6500 default judgement) The level of OD on the letters is different to the statements (£6-7 thousand apart) OD removed without warning and replaced. Default on loan but this loan has had £3000 paid in bulk sum but payments have not come down and neither has the finish date altered. Money transfered out of loan but we don't know where. £600 plus interest adjustments not made as promised. I have had to use personal account to get by. They have shattered my credit rating. FSB say it is attrocious, accountant says the same!

This affects jobs and the business as a whole. basically, they have stopped us from working out of this. If they hadn't have done this we would not have had an OD during this year at all. They say the OD coming down and so wanted us to take out a loan to tie us up in debt for the next ten years.

There is time taken over the last 18 months, lost work and a PPI, a loan agreement where money has been transfered out but we don't know where, the loan where £3000 was paid in the early period but no reduction in payment or no time rebate off the end (13 monthly payments to come off) We have a tally, including declined insurance claim, charges, and removal of OD without warning--say £50,000

Thank you, I saw that. I have a particular problem. Whilst I read that in Bankfodder's thread that he says any consolidation loan with interest should be claimed back (Interest) , I have a situation where the removal of £6500 in excess charges and running the OD up, this has had a cause and consequence situation due to shortage of cashflow. Poeple paid late, work and job orders lost, workshop production lost all due to cashflow. Does the Compensation Act 2006 have anything in this situation under which excess costs and loss of work can be reclaimed? We also have an insurance claim denied, the premium of which was added to loan and paid 10% interest on. Premium- £1212 plus interest and Statutory Interest now it owes £1645.

I dont condone law breaking but Bill of Rights is there to protect the people. It is not a defence to law breaking but merely an Act of Declaration enacted into law in 1698 and the Laws Judgement defines the perameters of laws and authorities. This restates that laws have been made willy-nilly over the centuries with no regard to laws of special status. It does make authorities who have no legal power to issue fines, go through the proper process in pursuite of a remedial solution. It protects the right of be heard in a court of law where contraventions can be heard with all the legal tests.

I never calculated it that way but I see this can make things simple. However, is the starting point to consider that we have multiple items on different dates and so the rate in pennies would increase as the charges would. EG: If the first charge was 1yr from charge to court claim issued and the last being say 9 months later, the rate would surely increase. I worked mine out and took this into consideration but it was brain-taxing.

If you had read my responses properly, you would realise that the Bill of Rights does not stop the fining of people where they are found guilty of a contravention, merely that technically, any authority issuing fines are claiming powers they do not have, that the person being fined has the right to have the accusation dealt with in the proper manner in a court of law.. It is not about being foolproof! Lord Justice Laws said "we should remember the hierarchy of laws in that there are ordinary laws and those with special status, Magna Carta- Bill of Rights, constitutional laws. Ordinary laws can be relealed impliedly, constitutional ones may not, that if and ordinary law does not expressly mention the constitution law in its text, it does not repeal it." Eg. People being fined for parking on yellow lines without "T" ends on them, the fine cannot be enforced due to the line being incomplete. An adjudicator in Camden ruled that "T" ends on yellow lines were not a requirement and so was deciding that people receiving tickets on those imcomplete line can be fined and was enforcing it. Poeple not knowing their rights were paying those fines. Adjudicators elsewhere were following this lead. To things here...and adjudicator cannot repeal an act of Parliament and neither can he enforce a ticket, that is for a Judge or Magistrate. Parkwise, a car parking firm in Lancashire state that the Laws judgement is right but their local council only issue PCNs. However, look at the Transport committee who said it was all a play on words--it is a fine. Contrary to Northampton CC Bulk Center who said you cannot be convicted of something which is not a criminal offence (DPE) So we have an impasse. PS. Ultra Vires has nothing to do with it as it is not a tort, (I have read the book) and suggest you do the same!

If you have: Amount (£) owed per year say £1000 Multply this by 8% statutory interest rate £ 80 Divide the £80 which is per annum x 365 days =£0.219 Say 22p per day If the claim plus interest is £1080, add 22p er day until paid That is date of issue until payment (EG. if it is six weeks then 22p x 42 days = £9.20

As I said, the Bill of Rights is not there to stop people paying fines but to give the right of challenge and preserve everyones right to be heard and have fines decided in the correct way. The reason this is not used is due to peoples ignorance of the facts raised by the Laws judgement. It is to counter civil servant's intimidating threats and letters which seem only to want the fine paying with scant regard for the rights of due process. AND, due process is not originally American, it is in the Magna Carta

The Bill of Rights provides the right of challenge and if anyone is liable to a fine then it is not there just to quash it. It provides the person with certain right enshrined into law. That the Bill of Rights cannot be repealed impliedly, but only by express reference to it. This cuts out and adjudicators authority because he is not in a court of law. the Road Traffic Act 1991 allows for fining people outside the courts but is only an ordinary law so must fall by the wayside. The legal test was in the Divisional Court. There was an appeal in the House of Lords by Government and they lost.

This is the argument and proforma defence i used and I had 3 Westminster tickets cancelled but it did take some correspondence. I did not use NPAS/PATAS and they did let go in the finish. And so did other ticket issuers, they cancelled as well. I have also used Bill of Rights on the inland revenue. They have a new scheme where the tax forms (which are returned on time) are then "lost" so a penalty is issued. One form, hand delivered on time gained a penalty.

I think you will find that the Road Traffic Act 1991 is an ordinary law and the Bill of Rights is a law with special status, a Constitutional law. Ordinary laws therefore must fall by the wayside. TheTransport Committee said that it does not matter whether it is a fine, a penalty, an excess charge, a PCN, it is a play on words and so what we are dealing with is a fine. I saw this thread and answered it anyway. There is a lot of background to this. The parking ticket I have shifted are from 2007 to 2009 usine the Bill of Rights. Northampton County Court Bulk Center confirmed to me that you cannot be convicted of something that is not a criminal offence and tickets issued under the RTA 1991 are decriminalised. Also, in the Lord Justice Laws judgement, authorities have no legal power to issue fines, again, under the Bill of Rights, "before conviction" means in a court of law. Also, some Adjudicators are saying they are "like a court" and this contravenes European law enacted into British law. Betty Boothroyd also questioned the impartiality of the adjudication system and it was found that NPAS was funded by the "cut" of the fines imposed where they allowed the fines. And... if the original date of this thread is of 2006, why is it still there? PS. Bill fo Rights also works for getting rid of penalties issued by the tax office.

I have gotten rid of 7 parking tickets, private and local authority. Go to the Metric Martyrs case and read and use the Lord Justice Laws judgement (Feb 18, 2002) Use the Bill of Rights Act 1689. "Promises of grants, fines and forfeitures of particular persons before conviction is illegal and void". You cannot be fined if you have not been convicted and you cant be convicted of something which is not a criminal offence. This is Constitutional Law.

If the case is decided this month with the OFT and the bank charges, then I wouldn't think any new ruling would be retrospective.