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Everything posted by RS200Phil

  1. Thank you, Slick. I'm sure we are all equally deflated at my decision. To cap it all, I am in the throes of being made redundant. If I were to lose my job through lack of time / effort / concentration on my programming, I would forfeit my redundancy pay; my statutory rights and employment record. A case such as this can become all-consuming, so that was a major element that played on my mind. There is no binding PG, I am personally totally convinced of that. They just referenced what I had posted here as the PG. I needed someone to ac
  2. I just mean a solicitor, who knows what he's doing (compared to me, not you!) and for whom the more time he spends on it, the more income he will expect. I have spent hours trying to research this and I followed up fully on all of your advice, which i greatly appreciated. However, when two solicitors independently said i didn't have a case... i didn't dispute your assertions, i just felt i would face a fight and yet more stress, hopefully establishing that we are right. My 100% confidence dipped and nerve broke. Sorry.
  3. Thanks for the help, Hammy. I tried in vain to find the supporting case study by typing verbatim the statute references. What I found was unintelligible to me which is why I sought professional help. Had that solicitor agreed with my case there is no doubt whatsoever that I would have taken it forward - but she didn't, to her own cost. I didn't want to keep asking these very helpful guys for more and more of their time and I couldn't expect them to write my letter for me. That's why I sought to send my letter from a solicitor, to give my claim the gravitas it deser
  4. Hi both, The reason i capitulated is because a relative is a solicitor for a large firm and she thought i would struggle. That was why i rang the local firm at all. The concern was that if I made any fuss at all the reduced payment offer would be immediately withdrawn and presumably further charges added. It would be little V large when it came to fighting it. It was causing me great stress and upset so I just wanted to remove the problem. I am still adamant that I did not know I was a guarantor. The company is no longer trading and I know
  5. Hi, I'm really sorry, but I've bottled it. I spoke to a local solicitor, whom I was going to ask to pen my response, to lend it gravitas. They said that unfortunately they thought I would lose. Given that this was an easy opportunity for them to earn out of it, which they declined, I don't feel I can expend any more time, stress or heartache on it. I'm just going to bite the bullet and pay, despite the morals of the case. This is a warning to any poor innocent soul who completes the Trade UK application form, as I for one find it totally misleading. I a
  6. Ok thanks, dx. Until last Friday I was trying to establish what their bottom line was for settlement - whilst not accepting liability. If it had been £1000 I would (probably!) have settled to save all this hassle and stress. I'm really not keen to pay for someone else's misdemeanors when the amount is £1800, though. They have taken so long to reply at each iteration that the legal timeframe of 30 days has now expired. Should I now reply that I am seeking advice - or that I do not agree that I owe the debt? Thanks
  7. Thanks, Moss. Definitely no other letter / evidence / supporting documents - that's all there is.
  8. Sorry, dx100, I didn't reply to your question as I wasn't quite sure how! It doesn't explicitly state that it is a Letter of Claim, but it does seem to fulfil the requirements of such, in accordance with the link provided, so maybe this is what it is. Either way, I was proposing to respond as follows, after an initial warm introduction: The outcome of my legal advice is that I did not sign in a personal capacity, but as clearly stated on the form “for and on behalf of” and the business name is given as “xxxxx Ltd”. This does not constitute a personal guaran
  9. Thanks very much both! I take so long to reply I get another response in the meantime. Between you all you have given me the confidence to go for it, scary as it is. I think because of the morals of the case - insofar as they know the supply and default happened 3 years after I left; and they never contacted me (I suspect they tried and were told I had left) - I feel comfortable with this approach. I'll get it sent over the weekend. Compliments of the season to all. So appreciate you kindly taking the time to share your knowledge and experience.
  10. Thanks ever so much, Moss41. That's really encouraging. I am tempted to phone their solicitor and "innocently" state that I have been advised the above Elpis case law, asking his opinion. I imagine he will either refute out of hand or suggest I put it in writing for him to take to his client. If he refutes I'm tempted to pay the £1800. Referring to the other topics I listed in my first email, Trade UK seem to play hard-ball. What do you think? Should I be more forceful and risk (1) my own legal fees and (2) their original settlement + fees being imposed?
  11. Thank you so much for your time. You're spot on - I am very panicked, scared and stressed over it, especially under my current circumstances. I initially replied as a knee-jerk reaction by email, which I headed with "Without prejudice" to try and protect my ignorance. I was very careful not to commit either way, though, so I'm sure I haven't entered into any contract of settlement . It has to date been very informal - almost friendly. The solicitor has emailed their responses, but each time he has, he has invited me to phone to discuss and talks very informally. At one time he
  12. Oooh! Is says they "..are instructed to issue court proceedings with a view to obtaining a CCJ...". However, it says their client "...would prefer to reach an agreement..." rather than do this, and they asked that I phone their office to discuss. I took this to be an implication that they weren't 100% confident, though of course I didn't want to ignore this. I phoned and asked if the solicitor thought they would accept £1000 - whilst not accepting responsibility, I wanted to test the waters and buy time, really, whilst I considered whether and how I might pay it.
  13. Thanks, Andy. I have received a letter from their solicitor, who has been "instructed to seek recovery of the outstanding balance...". Apologies if my legal terminology isn't good! I guess this is a "demand" not a "claim". I phoned to discuss and bleated about my not having appreciated that this was a personal guarantee. After a couple of iterations we've reached a final offer for settlement from them, as described above. Phil.
  14. Thanks very much for your quick reply. The amount of their claim is nearly £3,500. The company is still running, I believe, but it is clearly struggling and I've had nothing to do with it for 4 years now. Really sorry, but I don't have easy access to their Ts and Cs as they were at the time. They have probably changed since 2016. I could ask for them if it would make a difference. Whilst I haven't accepted responsibility, I have negotiated with them (by begging!) so far to just over half of this amount... and I said I'd give a response by
  15. Hi, I'm looking at threads 411036, 281753 and 374505, which are closed. I have the same situation. I signed the attached document in October 2016 and resigned as a director (change of personal circumstances) in November 2016. In August 2019 the company defaulted on their account and in November 2020 the Trade UK solicitor chased me for the payment. Of course, 3 years after I had left I knew nothing about the running of the account. To this date I had never been contacted personally by Trade UK, despite me being named on this document as the "Acco
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