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About Linda12

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  1. sorry for late reply on this i only just noticed a response it was a business loan for a ltd company.... I gave personal guarantee along with 2nd charge on home... now they are calling in the personal guarantee.. Not sure what to do now? They have been good with me so far, and have provided me with copies of signed paperwork.. I have no lump sum to offer as settlement, im wondering if they will they accept low monthly payments about to write them another letter. anyone else been in similar situation with personal guarantee
  2. ok massive thanx to maroondevo52 for giving me the juristriction defence and to IdaInFife for messaging me the link! basically I defended as per maroondevo52 statement above and their solicitor not happy, they sent me sent a nasty letter requesting I withdraw the defence as business debt - English court has jurisdiction. I argued my case by way of The Unfair Terms in Consumer Contracts Regulations 1999 The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR), applies only to consumer contracts and has the effect of rendering unenforceable any terms which are adj
  3. Thankyou so much I have just replied with the above noted... fingers crossed it goes ok, I was going to email them direct to come to some sort of arrangement as I don't particularly want this to goto my local court. I was looking at contractual capacity as a defense.... I did not really understand what I was signing, I was told by the company I had to sign it in order for them to agree to lend the company money,... they did not advise me to seek legal advise and much of the form is blank such as marital status etc.. This is not my debt but a limited company debt (This is a personal guara
  4. Thanks for help. I don't particularly want it to goto my local court and have my name on daily court registers but thought I could state a defense on jurisdiction to delay it then communicate with them to enter an arrangement or would I be better just admitting the debt and providing a income/expenditure statement to court- Im now a student now with lots of debts and no savings. Would the guarantee be enforceable with some much info omitted on the signed form? I have done a company check on their solicitors firm seems they are a small firm and possibly not familiar with Scots law
  5. Lease Company based in Flintshire Im domiciled Scotland Received paperwork by email I signed papers in Scotland Leased Goods were sent from supplier in London Court documents are Manchester
  6. Hi there, hoping one of you lovely people can help me out here... Just received a court summons for personal guarantee i signed for a leasing company office computer. Ltd company i was sole director went into liquidation.. The court papers (received by regular main - not signed for) say they have jurisdiction in an english court, but I was on the understanding that jurisdiction would be in my local court in Scotland (were i domiciled and where the contract was performed) They have attached personal guarantee ( its unsecured) no legal advise was sought, the original document w
  7. thanks for the information. yeah i received a charge for payment (despite being told account was on hold for 30 days.) i wrote a complaint to council stating above legislation and advising that i would report them to Scottish public services ombudsman if they did not investigate their chosen debt agency I have since received a letter of apology and charge for payment fees refunded im now a full time student does the link apply to student bursary payments or only wages? i get £561 a month in student grant/loans... they want me to pay £100 a month thanks for help and advice
  8. Was thinking the same thing. It turns out the default is for a £40 odds pounds debt as a result of my husband leaving a council flat in 2004 to live with me. He paid the bill when he left but this was charges for the 3 week period after he left and before new tenants moved in as a result of failing to give a final reading... The property was given back to the council on or around September 2006 when he moved into my house and all energy supplies had already been in my sole name since 2002 the credit report says default date 28/7/08 - it has my current address on it even though su
  9. I get letters from a debt collection agency in relation to council tax arrears... Im paying £100 a month - (more than i can afford at the moment but its a priority to pay it off) Im owe £923.89 Each letter i get whether statement or reminder states If you do not pay you will have further action taken against you Including arrestement of your bank or earnings and auction of articles You are also likely to be sequestrated (declared bankrupt) Now these people are obviously causing alot of alarm and distress by trying to pressure people into paying more money than they can
  10. does anyone know if the 12 + 2 days also apply to personal security over business debts as well as personal credit agreements to supply documents, is this right or have I miss understood it?
  11. Update: Bank of Scotland have written to me to say that it was in fact an "admin" error. They have issued a default, should they legally have to remove this default since it was placed there after they sent me a letter confirming Zero balance due in error?
  12. Thanks ScottishPower Company Rep, I hope this matter can be resolved to mutual satisfaction
  13. Can you please advise on who I can from email at ScottishPower about wrongful information on my credit report from 2004.
  14. The card was taken out in January Feb/ March I used it for company bills and paid balances in full end of months April I paid the company vat bill with card (silly mistake i know) but was desperate at the time..... June wrote advising I had no wage sent p60 and template letter....Aug I received inheritance and offered full settlement. Sep DCA agreed settlement, october creation bank agreed.... Its not an old debt so cannot understand why they would accept but others wont?
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