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  1. I asked the bank to refund charges on the grounds of hardship for my business and they said no i took it to the ombudsman who also said bank had acted with in their rules so found infavour of bank. as this is a business bank could i complain on the grounds that they are treating me as a business customer unfairly as they still charge £35 per returned item and a personal customer is £8
  2. I was part of forming a company in company house in 04/2008. I was appointed as sectary and held 25 shares. After running the company for almost a year (we had HSBC business back account under the company name and I had access to the account) I had dispute with other partners. I resigned in 06/2009 as the sectary, filled letter of resignation to Company House and had the impression given from the bank that they will also keep their record in line with Company House. So I thought my access to the account will be cut off. But in fact that didn't happen. However after I left the company I didn't use my access to make any transaction to/from the account. And the managing directors assigned new sectary and one of the two managing directors was managing the business account. Now suddenly in 06/2013 received a call from HSBC, chasing me for the debt of £5k because my name was in the bank account. I told them I have noting to do with the company since 2009. Later I went to a local HSBC branch where we opened the business account, and I gave them a copy of my resignation letter to Company House and a postal address of mine to contact in writing. HSBC never wrote me anything. I also dug records in Company House and noticed, the company was struck and dissolved 08/2010. HSBC now passed the details to a debt collector named Buchanan Clark & Wells and they are chasing me over my work and mobile phone daily. Initially they sent me a letter saying want to discuss a 'private matter'. Searching on this forum and advice I ignored that letter and their calls. Now they sent me a letter with the amount of debt, their client HSBC and said, "Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and they would prefer an amicable settlement" Sorry for the lost post, but I believe its a business debt to a limited company; not personal debt, I disassociate myself from the company back in 2009 and didn't make any transaction to the a/c, and the company dissolved in 2010. Not sure how I am liable of such debt? Pls advise me on what should be my response to the debt collector? Should I continue to ignore them or explain what happened? Many thanks
  3. Tenant A had to undergo cancer related operations and decides to sell business through agent X. Four accepted offers fell through and tenant A gets forced into a early release contract (5 years left on the lease). Tenant A never signs any contract to be released from contract due to disagreement with terms of contract. Landlord approaches agent X to sell tenants A business and building. Sale goes through successful and tenant B moves in (while tenant A is undergoing treatment) with a 15 year lease. Tenant A had 'vacated' the building in good faith pending the terms of the release contract which allowed the landlord to sell building as well. Tenant B contacted tenant A asking where is the staff and stock - had been sold a running concern by the landlord. New landlord demanded a tenant in the building with a 15 year lease as part of the building sale. It does look like the landlord had to get rid of tenant A and the 5 year lease to sell the building with tenant B and a 15 year lease. Selling business and building without tenant A's signature on an agreement to do so is illegal?! Surely tenant A has not given up the 5 years still left - which has a value equal to the profit the tenant could potential generate and the landlord has denied the tenant the legal opportunity to do so?
  4. I am trying to help a family member with a tough financial situation. She is an OAP and had a mastercard balance with Natwest which while still within limit ran into problems as she had quite a serious medical situation so lost track of things, I believe this was a long standing account and she still calls it her Access card. The balance is over 10k and was passed to Triton who are part of the same group. They are not professional and apply undue pressure to increase monthly paymenst even mentioning court even though no payments have been missed. Have Triton bought the debt for a fraction or is it still with Natwest? I ask this to see if they are likely to settle for a low amount. The only income the household has is old age state pensions and they are struggling with 100pcm. Triton have been paid over 3500 to date. I will send away for the CCA, as this was an Access card years ago would she have received a new agreement to sign when changed to Mastercard? Any advice appreciated,I am going to do an income and expenditure to see where they are at. Is there a minimum Triton have to accept, can they pass it on to someone else? Is it worth forcing them to pass it on to a firm that would buy the debt and then make an offer?
  5. Apologies in advance; I just found this forum via google and I think this may be something people here can assist with. My business has a lease on a shop in London. Lease commenced February 2012. The shop was previously larger (it is now approximately 1/3rd of the size it was) and changed class from restaurant to now just retail. There was a previous tenant here for 12 months following the work. They went bust, and my business moved in. Since moving in a bill for business rates has never appeared. The last tenant did not pay anything either. Truth be told initially the business would have struggled to pay it in the early days, but business has grown and I now could as expected. Everything else is paid up to date and for example the business paid the SDLT on the lease, its registered with land registry correctly. It previously was shown as "delisted" on the VOA website. A rates surveyor I know looked into it and its now not shown on the VOA website as delisted; it does not exist under the postcode at all. My questions are as follows; My gut feeling is that whilst there has never been a bill, it is the sort of thing a council will one day notice and we will be hit with a backdated bill. The property has never been remeasured (there is now a duplex 2 bed flat where most of the previous property was). Can this happen in respect of the backdating? Alternatively, can a rates surveyor be enlisted to agree it now and start paying it moving forward if the VOA/ council are approached and there is demonstrated willingness to pay, or will they likely say thanks for alerting us, here's a huge bill going backwards and now forwards for your honesty? Or head in the sand until its discovered as they can't get us - I don't really see how it can be our "fault", as I said there has never been a bill, its never been measured, and according to the surveyor I spoke with the onus is not on us to tell them. Apologies for the length of the above, if any of it is vague please let me know and thank you in advance for any help on this matter.
  6. Hi all, Wondering if anyone can help, I parked in a bay that is supposed to be for the businesses in my area and have received a PCN for it. I honestly didn't see the sign as I was going by a map of the controlled areas I was given on the day i bought my permits. I had parked in the exact same spot the afternoon before, then later that night I went back to the car to display a new valid permit. Usually I can manage to park down the ally way where my flat is. I had looked at the other signs and even read a notice on the pole that shows the business permit sign but i didn't look further up! The thing is, none of the businesses bother to use the bays, they all park down the ally ways. Pretty annoyed that i got the ticket as I did have a valid permit, is it worth challenging? I was parked in Edgar Road, chadwell Heath.
  7. Hi, my partner is a sole trader and recently took another business (a limited company) to court via the small claims track. The court awarded in his favour; with costs the amount this business owes him is £550. I would be grateful for any advice as to the best way to enforce this judgement please as the other company appear to have no intention of paying. Thank you.
  8. Hi All, Just looking for a bit of advice please. Over 2 months ago the business above my own were having some plumbing work done - unfortunately the plumber disconnected (without knowing) a waste pipe that is in the floor/ceiling space between our units. Due to this waste water flooded into my unit and damaged my stock and carpet. I notified the business immediately of this happening. The owner came down with a very much "we'll sort this out" attitude and asked that I email her a breakdown of the damages - which I did. Since then it's been harder and harder to get anywhere, a week later they informed me that they would be seeking to claim my damages through their insurance and asked that I provide photos and prices for the damages - again I did this. They then told me their insurer would be getting in contact to get receipts etc - I have to date over 2 months later had no contact from their insurer. I have asked for the policy details and I was given a number and details of their broker. when I have contacted the broker I have been informed due to Data Protection they cannot talk to me, they cannot even confirm the policy exists - all they advised was that I write a letter to the other business detailing why I believed them to be liable and what I was claiming - something I had done. Despite a number of emails asking for progress all i get in repsonse is "it's being dealt with by our insurer" I was finally provided with the insurance companies name and telephone number - which is a disconnect. I informed the business owner of this and asked that they have their insurer contact me with what was needed to move this matter on - to date I received no response from the business owner nor any contact from the insurer. Last week got fed up of waiting so sent a LBA detailing again what I was claiming, why and that they had 14 days to sort it otherwise I would take further legal action, as I think over 2 months is an excessive amount of time. I have now received a response basically saying "our insurer is dealing with it so we will not be responding" As I have had no cotnact in over 2 months from their insurers and being told by the broker that they can't talk to me should I now just follow through and begin small claims action? I do believe there is a policy but cannot understand why the insurer is not contacting me - do I have to wait for their insurer to get their act together or am I entitled to pursue small claims? Thanks in advance
  9. Several months ago I was asked to assist a small business owner who had signed a contract with Phoenix Business Agents Limited, a company that offers to sell your business for a fee. The business owner had paid a deposit of £1000 and agreed to pay £6500 if they managed to sell his business in 6 months. He was told that if they failed in the time period he could request a full refund. After six months of no interest from buyers and no real evidence of this companies efforts to promote he withdrew from the contract in writing. The problem came when he looked more closely at the contract. The contract is by OFT guidance, very unfair. It states in complex terms that if you cancel in the first six months you will pay £3000 but in a further clause in small print it states that if you cancel after the six months you still pay £3000. This company have the deal nicely put together. If you don't cancel then they have sole sellers rights and get to keep your £1000 deposit - so your fully locked in. After posting a on few web sites I have had a number of owners contacting me who have either fallen into the trap already or have managed to avoid it by reading the emails. My research has found that this company are a franchise covering the whole of the UK and therefore all my contacts are dealing with different company directors. It would be really good if we could get a further web entry on this site for those who are searching for what is rather limited info on this company. The only work this company have to do is get you to sign their contract. I have a court case coming up against one of the franchise companies in the next few weeks and can post contracts and other material after that date.
  10. hi guys new to here so thank you in advance for any help i receive. it is much appreciated as i don't no how many more sleepless nights i can manage. 1st things 1st. i owned a business but closed it down just before xmas due to a couple of other businesses opening up the same as me credit crunch ect student fees going up less students(main business). the sub lease is still in affect until november 2013. meaning we would have to pay business rates up until then. (£450 pcm) our landlord said he would end the lease for us if we paid him 3 months rent. January to march. then all our business rates would also be cancelled as you are allowed 3 months grace when closing a business. Now our landlord has gone back on his word (suspect new incoming tennents have pulled out of taking over our shop.and told us he wants us to still pay him pcm. This now means we also have to pay our business rates pcm which we simply cant afford to do as now we are only living off 1 wage. we signed the lease as a sole trader and became a ltd company a year into our tenancy agreement. so no chance of desolving. Only option for us so we have been told is bankruptcy. Has anyone on here got any advice for us about this or any other options as we are only in our early 20s and want to avoid this is we can. Will the council be lenient or is there any way of reducing the business rates to be able to pay less monthly? as far as the landlord is concerned he is not now my priority to pay. the council come at the top of my list. many thanks for reading this and i am very grateful for any advice given to try help us move forward instead of backwards. thanks again
  11. How does this work? What protection is in place for posters? Are all sections of the forum included? Have you produced a guide for us mere users? Especially for those annoying you can not post due to tags messages????? As somebody who use to build VR systems in the 90's and minimizes all web exposure! Especially where by I can be recognized; my anonymity means I can post up transcripts of ATOS assessment etc I've been through to help others etc. Plus my mental health medical history that I often need help with can readily identify me with out too much difficulty.... Talk to me!
  12. Hello, im not sure if i have posted this in the right place but here goes. My mother was renting a cafe from a guy and signed a contact on a 6month lease, but after 1 month my mother was getting in debt with her house, and the cafe as it was not taking off due to location. the owner and my mother was talking last friday and said its not working but they will give it another week. now come today my mother went to him and said its true its not working and she will have to stop (ending it on after today) she was told NO CLEAR YOUR STUFF NOW NOT AT THE END OF THE DAY. Because my mother was not even earning a wage while doing this, she was also not earning the required rent money and as of today she owes them £220, but at the start she paid a £600 bond. she asked them to take the money owed out the bond, there reply was shocking!!! They told my mother that because she ended the lease before 6 months she does not get the bond back. and she will still need to pay the rent. i have looked over this on the contract and the contract does not even mention the word bond never mind not getting it back. is this legal?
  13. Does anyone have an email contact for THE MORTGAGE BUSINESS? I have used the address on their letter to post to them but don't seem to be getting any replies! The address I have is PO Box 548 leeds LS1 1WU
  14. One of our neighbourhood businesses is boasting to us that he is not paying any business rates, we all on the other hand are like everyone else struggling to pay ours, but we are paying!! The council have, as far as we know, sent in the bailiffs, who couldn't take any equipment, as it is all owned by the landlord of the premises and rented by the owner of the business, which is a limited company, so we assume that the only items that could be taken is stock unless of course he has had it on account and so therfore is not his until he has paid the supplier for it? What if anything can the council do to force him to either pay up or shut him down, as this situation is obviously unfair for everyone else in the neigbouhood who are towing the line so to speak? His lease on the premises runs out in September this year, and we believe he will just walk away at this point having pocketted any cash he can without the bills, we know he doesn't like paying bills and he likes to accuse staff of dipping into the till and refusing to pay them before they are sacked, we have lost track of the amount of staff he has had and disposed of. Cheers
  15. Hi everyone, This is my first time on any forum, and I would appreciate any advice regarding my position with Barclays. I have a business account with them but the company, which is Ltd ceased trading at the end of Feb, All the direct debits were cancelled via online banking and the remaining balance was transferred into another account. Once the accountant had completed the final accounts the company was to be removed from companies house, however Barclays paid a £2500.00 bill (which had previously been set up on variable dir deb (but did not show on the list of dir debits) The account has never been overdrawn and no overdraft facility was ever agreed, (as it is a ltd company any overdraft facility would have to be signed personally) So even though no money had been paid into the account for several months, the balance transferred and no overdraft in place they still made this payment,does it have to be paid back to them?
  16. I had a business account with NW and recently sent them a SAR (and £10 cheque) which they received on 16th August now well in excess of their 40 day requirement I have also now sent them the letter before court action, time period also expired without any contact. Wherer do I go from here?
  17. Hi, hope someone can help me. My husband had a personal account with Natwest, he had a student overdraft on it. He set up his first small business with them in 2007, with a business account, loan and overdraft (loan I think was £5000, overdraft £2000). He was paying the loan off, no problems, except the date they'd take the loan out every month would always mean the bank charged him. The business manager used to be impossible to get hold of and he wanted to change the payment date by a couple of days, but they wouldn't let him. We moved to a new area in 2009, he still had the loan and personal account as well. He went back to studying as well as a new full-time small business in which he was a partner and thanks to the student loan company being very late with payments (first payment- should have been paid in the sept, but was paid January- I was a student too and I got the first payment 3 days before that Christmas- I had to leave the course in the end- they paid the tuition fees so late I wasn't allowed to continue), everything got thrown around a bit. Natwest chucked their toys out the pram that we'd pay the rent and council tax, buy food etc, above paying them, and bullied him into having a managed loan- which they dumped the whole lot of personal and business overdraft and loan accounts into. He still had a basic account with them at the time. He was paying them every month (credit history shows was all fine then), when he was suddenly rushed into hospital in autumn 2010. He's still not well now. We're trying to sort things out, one thing at a time, getting rid of debts and this is the second biggest one we have, and has just reared it's head again via debt collectors (Regal Credit- who strop like toddlers when you call them liars:lol: we had a bit of fun with them on the phone yesterday...). Natwest were, shall we say, difficult, when he was in hospital (he was in for a couple of months). I had access to his NatWest bank account- and the only money going through it at the time was working tax credit, then ESA. They froze it- I'd ring up- get my husband to give them permission for me to discuss it, sometimes they wouldn't understand him as his speech would be a bit slurred and they'd say the line was bad:x- they'd then shout and argue with me, I'd quote something at them (can't remember what it was)- they would go to speak to a manager, come back and apologise and release the money and say they'd put action on hold for a month/whatever, and then the whole thing would happen again. And again. And again. We wrote and told them he was ill, begged them not to do this, but they didn't care (I know we should have got it paid to another account at the time, I honestly can't remember why we didn't, I think we were just sinking under everything and then he was back in hospital for a bit, then had to find somewhere to live as the landlord wanted the house back... it's been a difficult couple of years, full of stress). Natwest refused to put a note on the account that I could speak, every time they'd make my husband go through the security checks- he wrote to give me permission, and they ignored it. The last time I spoke to them in 2011, they mocked the fact my husband used a wheelchair and couldn't get into his local branch because it was not accessible- the man suddenly decided he was a wheelchair user too and claimed ALL NatWest banks were accessible and he'd never been to one that wasn't- well lucky him, but our nearest one not only has a step, it also has a wall right opposite the door and my husband still can't get in there (not that he wants to) in his powerchair. They have a bell to press for assistance- ie a member of staff eventually comes out to speak to you on the pavement. Discussing your private financial situation in the street in front of everyone passing isn't really very nice. When I got off the phone, I took my husband to the bank and we took whatever was left in his account out, and closed it (although it still shows as an active account on Noddle? But he closed it in 2011). I think we wrote to them after this, told them we wanted the account putting on hold as we were not in the position to pay anything right now. Natwest have not had any real contact since then, other than through a couple of DCA letters- I swear one offered a discount, but at the minute we have no proper bedroom/living room, we're sleeping downstairs and a lot of our paperwork is in storage, so can't go through it all properly and check. For the past couple of years we've picked other battles to fight- my husband's health, finding somewhere to live that's adapted etc. A week ago, we had a phone call from Regal Credit. My husband refused to confirm details, told them to write to say what they wanted- they gave out part of our previous address when he questioned if they even wanted him. They didn't write- but they did a few silent calls (on bank holiday Monday, then in the day, then yesterday, few minutes later rang again, and someone was actually there- I answered- the woman hung up when I asked to speak to a manager though and seemed confused that I'd know if they'd written- hmm yes, my husband doesn't hide letters from me, we trust each other and talk to each other I was ready to argue with her for ages- I was feeling a bit fed up- but she hung up on me . My husband rang them back but he wouldn't confirm anymore than his name, so he got yelled at by a manager, then the manager hung up on him because my husband told him to calm down and to stop shouting and being aggressive. So my husband rang again, spoke to a 3rd person, who said she'd email the supposed letter they'd sent. Email came this morning- their client is Natwest, who have increased the original amount by a few hundred pounds, with charges. I was going to start trying to sort this out by writing to Natwest. My husband thinks there was PPI on one loan, but not sure, and they added the loan together with his student overdraft, business overdraft. At the time (2010) they told him (their debt management department or something like that- same department I had to beg and write to when they kept freezing his account when he was first ill) he had the choice between them taking him to court for it or a managed loan, so he took the loan. I know he needs to send a SAR to them, to get all the paperwork. But at the minute, we just want them to put action on hold for a few more weeks. Would a SAR also have transcripts of phone conversations? What about discussions in person with a bank manager- would notes be taken and put on the accounts? If we dispute the amount and their behaviour regarding being helpful to him when he was in financial difficulty and also ill, in a complaint with Natwest, can we also tell Regal Credit to stop ringing us because it's being discussed with Natwest? Will they actually stop? We're not really in a position to make more than token payments at present anyway, at the end of the day, they can't have what we don't have. Thank you:-)
  18. I have had my pet shop for 4 years and the downturn in business this year is so bad that I am really struggling to pay my rent. I have put the business up for sale but if no one buys it how can I get out of my lease which has 4 more years to run. I am a sole proprietor. The government's welfare cuts are to blame and I cannot see any improvement in takings for the foreseeable future. i just don't know which way to turn. I have contacted the Landlord to see if he would reduce the rent but got a negative response. Can anyone help me????
  19. Hello and straight away thank you to anyone who will be willing to help!!! As most of cases here, it is very personally important issue for me: I opened a Gallery and Boutique a year ago in Lewisham. I am a platform for the local Artists to display and sell their works and I organize art workshops for the local Community as well. My idea was always to give back to the community which took me on board 8 years ago when I came to live in this country. I wanted to act and contribute to the community, that's why I decided to become a CIC. I took 15 years lease not knowing the truth about the business rates as the landlord chosen not to share the knowledge with me. When I acknowledged the amount of the business rates I have to pay I started my battle to get any small business business rates relief. Even though I am a CIC and they are always qualifying for small business business rates relief in most councils - they do not here. I've been fighting with my Guardian Angel Business Advison not to die down for 10 months now. I pay £1250 rent monthly plus almost the same amount in business rates which is outrageous for me. I'm a small, locally orientated business and if I were to pay those business rates, I will just have to close in no time. I had the gallery re-evaluated - didn't help. Now we wrote a petition and collecting signatures to take t to the council at the end of May. Is there any other way I could fight? My Gallery is my baby, everyone loves it so much, customers come here to rest and to have a chat and a cup of tea, this sort of place we are. Please help. I believe there is many people much smarter then I am business - rates - wise and someone will be able to help. Thank you so much for reading. Just to give you a better idea what I am fighting for, below I pasted my petition: PETITION Save Our Community Businesses Wethe undersigned strongly believe that Lewisham Council should reconsider itsposition regarding Discretionary Rates Relief in respect of Community Groupsand Community Interest Companies. Weare particularly concerned regarding the current level of rates that aredemanded from our community assets and which make them unsustainable. We areparticularly aggrieved with the current situation regarding the new communitybased business, Doopo Doopo, located at 15 Dartmouth Road, SE233HN. Webelieve that assets within the Borough that are social businesses and clearlysupporting the local community should receive discretionary relief on the samebasis as neighbouring boroughs and trust that you will reconsider this decisionand re-evaluate the current charges. Thispetition is supported by: FORESTHILL SOCIETY And SHOPREVOLUTION: deliveringPOP-UP SHOPS for SEE3
  20. If a developer wants to buy your leasehold business, to knock it down and rebuild as part of a new development, is there a formula to follow to arrive at a figure which is what the business is worth? We have 4 years left to run on our fully insuring and repairing lease and we will not be taking up any offers of premises within the new development.
  21. I have a cafe which is seasonal and right on the seafront. We have tables and chairs on the terrace and pavement outside. Adjacent to us is a major development being carried out of a former hotel etc and right in front of our cafe is the delivery entrance where large vehicles ie cement mixers and articulated lorries carrying all manner of building materials are being delivered, and this is going to intensify as they progress and will carry on for at least another 12 months. The vehicles pull up outside our premises and reverse into the site, when they have finished, they then drive out of the site again in front of our premises, this is causing all sorts of airborn debris to come over to our premises landing on tables etc and in some cases onto food and drinks, and we believe it has had an effect on our passing trade, as they have removed the parking bays and there are red and white barriers everywhere putting foot customers off coming to our area. We have had a preliminary meeting with a solicitor who has suggested we try for some compensation for the disruption to our businesses, this will initially cost each premises owner £350 + VAT of which there are three of us, and we anticipate the cost to spiral from there if we decide to carry it further. Is this kind of claim generally successful or would we be spending good money after bad?
  22. Hi, NW have terminated my business account and are demanding their 3.5 K overdraft back. In the first instance, I need to get a new business account asap in order to process payments owed to myself. I also have a current acc with them, but no notification of termination of that yet !! Termination due almost certainly to the 13.5 K credit Card disputesI have with RBS.( unenforceables imho and 3 years down the line). Seems I am now a High Street Bank no no. Any advice appreciated. Thanks, Trout
  23. Hi all, I need to open a business bank account for my new limited company however, we are in an IVA. Any suggestions? The Bath Building Society seems to be recommended but they want 2500 deposit to start off with to open it. Many thanks, JB
  24. Hi, I am not sure how to post in specific forums, so hoping I will get some replies and advice? My husband has had a Business Account with Barclays for well over 10 yrs and we are wondering if we can claim back any of the many charges he has incurred over the years. My husband has a v small business and also has a loan with Barclays. Barclays attempted to take the loan from his Business account but could not as there were insufficient funds in the account due to a cheque that my husband had put into the account not being cleared (on its 4th clearing day). Barclays have now issued my husband with a £35 charge and my husband phoned to complain asking the manager how Barclays could charge my husband £35 when there were no funds to cover it as the cheque my hubby put in needed another day to clear? The manager did not want to know and hubby is fuming as he feels he has been ripped for years, any advice would be appreciated, sorry for the rattling on
  25. Hi all, Wondered if anyone can give me some advice? I was director of ltd company - company in liquidation and as such im redundant - (now actively seeking employment) Company had secured loan - 2nd charge on my house I received a letter immediately after liquidation from lloyds calling in the loan for me to pay in full (almost 60k) I would have to sell house to try and raise this money as i have no savings and i would not get another mortgage to buy a smaller place. I wrote them a letter just to buy me a wee bit of time to think straight .... I asked them to provide me with the documents as i had misplaced them also asking for details of any PPI that may have been charged. That was 21 days ago and I have had no response. I heard the section 77 request gives just 12 + 2 days to supply documents, is this right or have I miss understood it? any help much appreciated, can they make me sell my family home? x
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