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  1. I was offered out of court settlement for money owed to my company.Which was refused and have asked the the assistant of a firm to prepare me particulars of claim for a fee so that I can take up my case myself. Error were made on the PC by the solicitor and my claim strike out for being misconceived, with cost to myself. The other side want their cost and have promised to stop me progress with the fresh claim. Also threatened to make me bankrupt and once am bankrupt I can no longer be director of my firm again---- What do I do as I do not have money to pay this court cost-- which I am appealing at the moment and the appeal is not going well as the judge want 50% of the cost paid before appeal can be looked into------any help
  2. Unfortunately my business came to a pretty sudden ending, 2 dead months and things effectively stopped dead. The only real debt I had was £1150 to a Postage Franking provider for postage. I did agree to pay them £50 a week but in honestly it was too much and after a couple of weeks I stopped. I was just a sole trader so the debt is in my name. This morning I've received a default notice off them, its dated 29th May 2014 in an envelope dated 03/06/14 giving me 5 working days from the date on the letter to make payment via a cleared method. By my maths the entire thing is totally impossible and the date to settle has long passed. The letter states that they will now be adding interest and pursuing legal action, court etc. They also state that they will be be claiming damages. Can anyone advise the best way to go from here?, I am willing to pay via instalments more realistically i.e. £20-25 a week which I can afford but is there a way of going about this?. Should I keep the mess that is the default notice to myself?, its pretty much catch 22, even if you got it the day after the letter date to pay within within the 5 working days would be tight as cleared payment would take 3 days anyway. Any advice you can offer would be appreciated.
  3. Today my Landlord has taken possession of ground that I rent. All my equipment is still there. I am late with my rent - I pay six months in advance and I am a good few weeks late with my payment, but it was paid into their account yesterday. I have been to see them and they have said they still need to take possession, but will give me a decision on Monday as to if I can stay or not. My lease is a Fixed Term Farm Business Tenancy and it's for three years, I am a year into the lease. Please people, is there anything I can do if they turn round and say I cannot have possession back? Please don't read and run - I'm really upset and any kind of help or advice would be most welcome right now.
  4. June 2013 we were quoted for the cleaning of our offices by a company called GCC. We agreed a scope and a price. The contractor who took the job was rubbish and we complained to the head office. They got worse and we complained again and told them we no longer wanted to work with them in December 2013. They wrote back saying that because we had signed a 2 year contract we had to go through their official complaints channels and we could not leave them. They made lots of empty promises and promised better cleaning. This did not happen and in fact the cleaning got even worse. We had a couple of incident of the cleaners using toilets without closing doors when clients were in the office (yep that professional) and no shows. It reached a head and we finally just told them they had to go as we were paying them almost £200 per month and our staff were having to do the cleaning as they were doing nothing. They have now sent us a final bill saying we owe them until June 2015 as want to end the contract early. Surely we dont have to pay this do we?? We gave them plenty of chances to provide the service we agreed on!! Surely the T&Cs of their contact cant keep us bound to them for 2 years when they are not providing a service. Let me know if you have ever dealt with the same. thanks
  5. Hi Everyone , This site helped me massively before and Thank everyone here . Recently I set up a Ltd company with a colleague from my old employment. He had the funds and I had the contacts and he spent about 2 K the company failed. I resigned last week well was partly forced to as he wanted money. Basically he was not committed to it threw some money in and went on holiday . Came back when it was not looking good he just continually give out negatives and every time I thought I ad a chance he would shoot it down. The issue is this. When we set up the business he purchased 2 laptops indicated he had about 10K in savings and would do everything possible to make it work. He paid the set up fee about £75 also the accountant and some business cards and some other expenses. I did purchases too paying for website etc and probably spent a similar amount overall. When he purchased the laptops I agreed we would pay him back for these as the business generated an income. Last week before I resigned he was asking me to pay him some of the company costs and the laptop and he would have the business approx. £600. Then he said if I would take the business off him ( we were both 50% directors) he would accept £2K . He knew when we started the business I had only enough funds for living expenses for approx 2 months as a result I resigned from the company. Then he has emailed me stating I said I would pay for the laptop in May and he is giving me 45 days . I do not have the funds to pay him and offered to return the laptop . He is emailing from his personal email and states he rejected the offer as the laptop is now 4 months old and he will extend to 60 days time to pay. We also had agreed we would be employed by the business but as no income of course we have not been paid . I am now on benefits and do not have the means to pay him . The letters are structured to try to paint a picture that is inaccurate and is designed to get at me as I resigned the business and he cannot operate without my contacts. Some of the emails came from his business email as a director then the last 2 emails from his personal email and without the older emails attached as they showed he was seeking personal payment for a limited company expenses. Any advice on what to do next would be great.
  6. Hello! I'll make this as short as I can. We moved into a unit 3 years ago, we already had a .co.uk website that was fully functional for 18 months at this point. Just last Thursday my partner accidentally came across the listing for the .com version of our domain name, listed as purchased by the owner of the business next door about a month after we moved in. Renewed every year and currently owned by him. The actual .com website however when typed in immediately redirected to an auto-playing hardcore homosexual porn video. This appears to have been this way for the 3 years. This is a very serious matter for us as we run a family business and get enquiries for children and parents all the time. The shocker is that the neighbouring owner also runs a family business with massive focus on kids. We posted apologies on social media to anyone that had seen it and named the owner and within about 6 hours the porn was taken down. Since then we've been reported to social media for the posts (no action taken) and had the police phone us telling us 'drop it or tears will be shed' (again though, no action taken). We wish to take this matter to court, as the neighbouring business owner is a relentless bully and has been campaigning to make our business suffer from the moment we took the unit and has quite a large and expansive company in the area, but now it seems he has finally done something with enough proof we can do something about it. So, what's the next step?
  7. I hope this is in the correct section. I will try to be straight to the point here. Ran a retail business for nearly 4 years in local town center, business was ok and then I relocated to a new premises and took out personal loans from friends (as well as previous loans from family in the past). I lasted 7 months in new business location and the trade wasn't strong enough to support the increased rent, rates and general bills. I was a sole-trader all the way through (wish I had gone Ltd now) Cut to the point. I now owe £4000 in rent and service charges, £3600 in business rates, £1000 in HMRC fines (maybe more now not sure), and probably about £1500 - £2500 in other miscellaneous debts. I am running a business online now, still within the industry my retail store was in but not taking anywhere near as much money. Really is just getting by, still owe about £800 on house rent (my house mate is being really helpful). It just seems like I can not move forward with these spiraling debts creeping up. There's no way I can comfortably afford to pay thee debts off and the stress it's bringing is just not good for anything. I was looking into bankruptcy but am unsure if it will bring even more hardship. Judging on the above mentioned debts, what are peoples thoughts about me going bankrupt? I just can't see another way to clear this stress and mess.
  8. I've just realised that I've probably been getting these charges for a long time. This latest one has seen them strip £153 from my account. How do I go about claiming this money back? I should point out that I specifically asked for no over-draught when I signed up for the account around 6 years ago. I think I may have had this happen a few times over the years and simply not noticed. Thanks in advance for any help.
  9. Hi. Need some serious advice and help here. Closed my business down March this year. I was liable for business rates from sep 13 to march 14. Totaling about £3600. I closed the business as we were not doing too well and struggling to make the rent money let alone bills. (we had been trading for 3 years but moved to a bigger location - more rent and now business rates etc). I was aware of the business rates of course but with the other bills piling up of course the business rates bill went on the pile. It is now 6 months later and I am now receiving letters form the local council. At forst they said I owed £9000 but they were unaware I had moved out in March and were charging me for the year 2014/15 as well.. I also got a court summons in the post, it was due 1st October 2014, I called them and explained I have only just received their letters (they were locked in the old business premises) and they have now took back the court summons and will no longer have to go) (for now). I have emailed them to say that I am unable to pay the £3600 (year sep13/march14). As I am only surviving off the remaining stock I had form the business selling online. Spoke to one lady and she said if you can pay £600 a month until the end of the financial year then that will be OK. I said I cannot even afford this, more like £50 a month. They said they will have to issue another court summons and a liability order to get this money back, but I said why would they take it to court if I am on the phone looking to set up a payment. I am eager to get back in business, and any other money going out right now is going to seriously cripple my chances, I need as much money as I can to get me back into business. What can I do about this? Is there anyway i can loophole around paying the business rates? Is there anyway I can get them significantly reduced? Look forward to your replies.
  10. Hi all, been reading the forums to see I'm not the only one with this problem with Barclays. On the 3rd of Jan, Barclays removed £9.6k from my account to "TO RECONCILE", reading the forums shows that this was an AML check, but I got a call on the 9th to say that the money is back in my account, and no we aren't going to tell you why it happened. I asked if there were any issues on my account that I should know about, and was told everything is fine, carry on as normal. Then the 13th comes along, and all access to my account gets cut. I call up and find out that my account is under investigation, and the now £21k in my account is frozen in there until they finish investigating. I am also told they sent a letter on the 9th to inform me that they are closing my account, and I get that letter a few hours later. So I go through the complaints system, and ask why was my account being closed, and what is being doing about the money in there, seeing as I can no long run my business until this is sorted. I get a letter telling me that they can close accounts for any reason and they don't have to tell me, but they seem to ignore the question of the money, the main point of the complaint. So I complain again saying it hasn't been dealt with, and 2 days later, it gets closed as a duplicate complaint, and that I have to go to the Ombudsman, which I since have. But I end up speaking to someone on the 29th who says that if i can prove the money is mine, then I should be able to remove the money from my account, and that i need to take this proof to my branch who will fax it over. So I print out all the transaction logs (PoS Business, so no invoices), and take it to the bank. The branch manager takes it, and disappears for an hour, comes back and tells me that head office is happy with the proof, and I can take my money out now, although they will need to order the money in. I asked if they can do a bank transfer, not wanting to walk out of the bank with £21k in my pockets, and they were more than happy with that. So, here I am, thinking this will have a happy ending, right? Nope, I go to transfer the money out, and i'm told that i can't remove the money due to the block on my account (a T2 block). I have sent the paperwork off to the Ombudsman today, after calling them saying it's an urgent case due to the fact my business is my only form of income. The only saving grace is the standing order I set up on my account is still paying me into my personal account, so I can at least pay my bills, up until they close the account in March. Does anyone have any advice on what I can do to speed this up, I don't fancy having to walk into the job center in 2 months stating i'm unemployed due to the bank holding £21k for an undisclosed amount of time. The fact they said it was an investigation makes me think that it isn't an AML check, as i would have thought this would be classed as a tip off, but who knows. Thanks for your help .
  11. We own a small business that has ISDN lines installed for a number of years - our account is a business account. We use ISDN for clarity because standard PSTN line quality is extremely poor where we are and we often struggle to hear people on the other end. Our ISDN lines are essential for us. 36 days ago our ISDN lines went down. We've had several dates given to us when work will take place only for the work not to happen. We've been given excuse after excuse, promised things will "be escalated", but nothing makes any difference. We've been "looked after" by their so-called "Distressed Customer Team" for 3 weeks now but they are generally ineffective as they have no real power to make things happen. An email to the Chairman of BT on day 21 asking him to please help get our lines back up was just as useless as it elicited a response but no repair so far. We're told there is a major issue with the fibre between our local exchange and that in a larger town where the ISDN service is ultimately supplied from. We're several miles on the other side of our local exchange from the mail fibre line, yet 1 mile down the road from us - still on "this side" of the exchange - another company with ISDN supplied by BT have lines that are still working. Since our lines went down we haven't had a single order, but last year our turnover increased by over £350,000. Almost all our orders come on the back of customer recommendations, and incoming telephone enquiries from these recommendations are usually converted to customers. Our telephone lines being down are affecting us badly, and on a day-by-day growth comparison it has lost us over £34K of potential additional turnover this year so far. Redirecting our lines to standard telephone lines won't work because of quality issues, and redirecting to mobiles won't work due to poor reception where we are (we're in the countryside). We're pretty much at the end of our rope with this problem. We have no idea where to turn to, or what we can do to fix or problem. We hear lots of platitudes and "we agree this isn't acceptable" but no actual action. Is anyone aware of anything we can do to accelerate the repair, or any action we can take against BT for their appalling service and the affect it is having on our small business?
  12. Dear all, I am looking for some advice in regards to British Gas. When I moved into my current property, the previous account holders put my husbands name on the account, rather than starting a new account. This meant that we ended up being on a business tariff rather than domestic, and there was an outstanding amount to be paid from the previous bill. To say I am cross is an understatement! we went through the whole rigmarole of changing the account to British Gas Domestic (as we were told they couldn't re-assess our bill to domestic rates unless we joined them on the domestic side first?!? We wanted to change to a different company, but felt they gave us no choice!) Only after numerous phone calls to both business and domestic companies (I lost the will to live that day, 7 1/2 hours in total!) and was finally told we had to fill in a VAT declaration to state that the property is used for domestic purposes only. They told me to scan and email this form back to them (even though I told them I wasn't due to be connected to the internet for another week!) It took over three weeks for them to acknowledge receiving the email and we were told that we would have the matter resolved by the 4th August. We have had numerous amounts of letters threatening legal action for non-payment of this bill. Last time I called I was told they are computer generated and to ignore it as it was being dealt with. I came home Sunday, after a few days away, to find a letter from them threatening to disconnect our supply! (We have three children aged 4, 9 and 14!) We still haven't had the correct bill and I refuse to pay the bill until it is correct. Can anyone tell me where I should go next, as I really feel a complaint is in order and I need the bill corrected so I can pay what I do owe! On the other hand, I don't want them to cut our supply off!! At my wits end!! Thank you in advance Martini
  13. Dear All I took out a business loan from HSBC back in April 2009. I was told a pre-requisite for the business loan is for each of the business partners to take out a Business Protection Plan. So we had to pay for 2 Business Protection Plans(for me & my spouse) over the course of 5 years that ended April 2013. Can someone advise if indeed it is same as PPI Regards MS
  14. Today the electricity company supplying our building attended whilst i was out and disconnected the electricity. the warrant is not in my company name, it is in the Name of a former company sub letting the building from me. This business liquidated in December. I moved back into the building after the former company ceased trading - the lease has always been in my name - i sub let to the previous company. I tried negotiateng on the phone ( i was working on a clients site in London so could not get back to the NW in person) The supply company say that they are disconnecting and that because the lease is in my name - i am connected to the former company. one thing I noticed tonight when i went into the office is the copy warrant left by them was the name of the liquidated company not my company surely the warrant has to be in the correct name - History. A couple of weeks ago when their agent attended our premises, i explained that he was chasing a debt belonging to a liquidated company no longer at our premises, I also explained that all the old correspondence had been forwarded to the liquidators as per instruction - even so we can not legally open someone elses post so were unaware of any debt or communication prior to his visit. I also explained that they would have been informed of the liquidation as they were a creditor and he admitted that they probably were but they do not act on it ? It all seemed amicable at the time - I suggested changing or transferring the account into our name and we would pay the bills for our usage , he said that was not possible whilst the debt remained outstanding to the liquidated company - suggesting we pay it .... why would we ? i gave their agent a copy of my rates bill, a copy of trading invoices and company insurance, a copy of my current letterheading all to prove the business is different. I even gave him a copy printout from companies house (webcheck) proving that the company he was seeking had liquidated and a list of officers - which of course did not include me. he said it looked ok and would investagete. Last week we had a call from supply company saying that the businesses had a common director and the bill and warrant still stand ?? The liquidated business and my existing businesses do not have a common director - the supply company has picked up another business that that i have that is also registered at the same address and say this proves the common link. This is nonsence !. Even if i was a director of the liquidated company - surely they would be seperate legal entities and they could not transfer a debt from one to the other ? I phoned other supply companies for advice and assistance - but they all say that they can not help or take over the supply unless the current company releases it. The supply company are not backing down. they say the name on the warrant is irrelevent, insisting it is the same company. where do i go from here - is it worth contensting the validity of the warrant ? - even if successful - how do i get them to re-instate the supply, i have looked on the web and am worried - there are loads of horror stories quoting anything from months to never for reinstatement. i will have to buy or rent a generator to supply building in mean time - im not sure of costs , but it ill cost a couple of thousand to buy a decent generator, then get it connected, then im not sure of the running costs etc . ...else close the business and make 5 staff redundant or relocate ... this seems very unfair - everything seems to be sided with these bullys. how do i sort this mess out.
  15. Hi, I've had a look through the sub-forum lists and think this looks like the best place for me to post. Forgive me if this is incorrect and please move this thread to somewhere more suitable if that is the case. I am a self-employed personal trainer and have signed a contract with a company (call it X) whereby they allow me to sell my training services in a gym (Y) that is part of a gym chain (Z) in exchange for a monthly fee from myself. This is a minimum 6 month contract. Part of this contract states as one of the responsibilities of X that there will be no more than 1 personal trainer per 600 members in gym Y. There are less than 1000 members and I am actually the only trainer in a contract with X that is in gym Y. However, gym chain Z provides it's members with free 30 minute, 1-1 sessions with an employee of any of it's gyms including health checks, nutrition advice, motivation and a training programme. In gym Y I have watched those employees deliver these sessions and then book those clients in again for their next session later in the week. As far as I am concerned (and also the gym members I would assume), those sessions ARE personal training sessions. They are also advertised online on the membership benefits webpage as "Free 1-1 personal training sessions". The director of X has been dismissing my complaints of this activity stating "that is not personal training". So after detailing that long story (sorry) I have two questions: -Is it within my rights to terminate this contract on the grounds of a breach on the behalf of X as the ratio of personal trainers to gym members is more than they stated? - Would I be considered a consumer or a business in this contract? I signed it at home before sending it off and have signed it as myself (I have a LTD business but did not sign the contract under the name of the LTD business and the contract states my person as the 'licensee'). My reasoning behind the second question is that I have found some information regarding a cooling off period of 14 days as a consumer; the contract went live on July 1st and I have received an email from the director of X today (7th July) saying that he will get back to me in 7 days (I asked what my next steps would be to terminate the contract). I am wondering if I can simply step out of the contract right now under the cooling off period clause before this gets into a terminology war of what is and isn't "personal training". Thanks in advance. Reise
  16. Hi Like so many others i am also a victim of Phoenix Business agents. I would like your advice please. In 2011 Phoenix sent his rep. When the agent came to us he said the same things as with others that you pay cheque of £1600. and the amount will be fully refunded if the business is not sold within 6 months. As my wife was not keeping well i wanted to sell my business (off licence and New agents) fast. I was working somewhere else as my wife was handling this shop. As always they hardly took any efforts to sell the business. So after 6 months i cancelled with them and they charged me another £2400. saying its their service fee. I paid them without any argument. As per my knowledge or as i was told by his rep. that they will refund me. it went vise versa. When his rep. came and we read the contract not in very detailed but still read little bit and told him that your contract states sole selling right agent, at that time he told me it does not matter they just right but its fine he will tell his boss or who ever concern. I had informed the rep. that i was registered with other agency before Phoenix, so I cannot sign them as sole selling agents. Before signing i spoke to the other agency and they said its fine with them if i sign with phoenix. The other agency really took effort to sell my business. I cancelled the contract with Phoenix before i sold the business in March 2012 and sold my shop in July 2012. The other agents are ready to help me to fight with Phoenix and help me in what ever way they can. Now after i sold my business Phoenix are asking me £4320.00 for soles selling rights agreement.(One of Phoenix colleagues called me up saying that its a call regarding tax and when my wife told we have sold the business they ask all the detail and you think its from tax office, she won't give the number when my wife asked so that i can call them when i come back . And next day their boss calls threatening my wife to pay the £4320 after already paying £3600). Ater reading your forum, I recon its has become best and easy way for Phoenix to earn money. They have sent me their solicitors notice and threatened to take me to court. I am ready to fight for my rights. My wife came across this forum when she was trying to find about Phoenix agents. I feel cheated as they say something and come out with something. I keep on travelling for my project and most of the time i am out of the country. My wife has health issues and they are harassing me. I will fight for myself as well as others. So that other innocent hard working people don't fall into their trap. Can you please advise what should I do and how. I would really appreciate if you could give me some advise. Thanking you Yours sincerely
  17. Good Evening Thank you all so much for adding value with such a thread. I have a very similar situation. I have mistakenly parked in a business only bay as opposed to a residents' bay. I only have 1 PCN to deal with (thank god!). I would like to seek advice and I hope someone can guide me as I have appealed and have been rejected once already. Basically, I parked up at night and I did not see the sign which was obstructed by a tree, firstly it was bent (so as to be hidden under the tree) and overshadowed by the tree (especially from the direct which I was travelling from). The PCN officers have cleared the sign of the branches and have taken pictures where it appears as if the sign is clearly visible. The tree is in very close proximity (up to 30-40cms) away. I had parked at night and there were no clear lightings within close distance. Also, there is no marking on the road to indicate that this is a business only bay. I have pictures with the tree clearly obstructing the tree. They have the opposite. Do I have any argument here? My letter is below for reference: I had parked on Downham Road, N1 at night on 3/06/2014. I hold a Zone H permit. However, I was unable to see this very sign as I was driving towards the direction the car is positioned towards and the tree obstructed my view, and coupled up with the darkness of this night, I took notice of the nearest obvious notice (pole 3 on Downham Road) I saw that it was permit holders zone H and pay and display. I have attached a photo of this and my permit. Otherwise, I would not even consider parking in a business holder only bay as I am legally allowed to park on Downham Road since it is within zone H, evidently I have not noticed the sign. If you also consider picture number 4, you can clearly see that this tree is obstructing the view. However, my photos taken when I arrived show more clearly that this tree was obstructing the sign, also attached. When you consider picture number 10, it is obvious that the PCN officer also thought the sign was unclear, feeling the urge to move the branches and leaves obstructing the sign in an effort to take a clearer photo of the sign. I do not understand why branches have been moved to create a ‘perfect’ scene for a PCN. This sign is also bent leaning backwards (attached) which means deflecting lights would render this sign unreadable at night and this pole has not been rectified where it is being overshadowed by the tree misleading drivers. It is immediately next to the tree which makes it unnoticeable. Another issue is the misleading nature of the zone letter, it should be denoted distinctively, such as H-B. Otherwise, this need be justified. Furthermore, there needs to be a clear marking on the road (similar to disabled bays), to denote that the bay is strictly business only since then I would have then easily realised that this was inappropriate. I would like this PCN to be cancelled as I shall not be held accountable for a sign post that has not been erected clearly to be noticeable and is being obstructed by a tree. As dictated by “Regulation 18(1) of The Local Authorities' Traffic Orders (England and Wales) Regulations 1996, it is a council's obligation to maintain signs/markings is to be found whereby an obstructed sign and poor markings are not enforceable as ruled by Obscured signs and lack of lines (MK301) and “Restriction sign obscured by foliage (MK 329)”. I am utterly disappointed with this treatment and would like to kindly ask for this PCN to be revoked as it has risen from a misfortune. I believe I am unnecessarily being victimised due to poor signage on a public road where I have a valid permit to park on Downham Road. I will be looking forward to your response.
  18. Hi, I was recently contacted by Lloyds to tell me I may have been miss old PPI on my business account. In deed I would have been as I have never knowingly had PPI due to being self employed and believing it wouldn't cover me. I also asked them to look at another business account I had with them. I had two separate businesses. The first Business (lets call it T) account it appears they managed to add it to 3 loans, therefore I believe it impacted on every loan that was replacing the last. As well as adding PPI to its overdraft. I have been offered £2791.38 settlement but no one can give me evidence of where this came from as I would need to pay £10 for them to get it from the archives! The letter breaks down amounts for each account but doesn't even give a date the loans were taken out. The second business (lets call it C) it turns out also had PPI added to a loan. This time they are able to tell me the exact date and I can check my statement and see it going out. This was 9th September 2004. This business account was settled (due to closure of the business) and a partial refund was refunded 16th July 2007. The total they are offering on this account is £2654.70, in my opinion suspiciously similar to the offer made on the account mentioned above. The first business (T) I sold a few years back so no longer have either of these accounts now. Firstly, the bank are fully aware I have no paperwork, insurance policy for these PPI insurances, as I had no idea I ever had them. Therefore as I said to them, they could be plucking figures out of the sky for all I know. Secondly, surely the PPI could have impacted on any charges I received in the current accounts of these businesses for using an overdraft facility? Regards the first business account (T) I have contacted the financial ombudsman and sent them the information as, a)I was really not happy that I was expected to pay £10 to get information I should have been supplied in the first place. b) When I phoned Lloyds they couldn't tell me how they came to the figures supplied, after a lot of going round in circles the only thing they could say was that they asked the insurance company! So My real question is a) Regarding the second © business account Loan, which they have supplied more information on, could it have impacted on the business account and so can I claim charges on the overdraft? b) Can I rely on the Financial ombudsman to get to the bottom of the First (T) Businesses PPI that was added to three loans and an overdraft? Sorry for such a long post but do not want to be ripped off and surprise surprise do not trust the banks!!!
  19. Hi, Not really sure if in the right section, but I am sure someone will move it if not: So, I have an old bike frame and sent it away to a company to be resprayed in the original colours and also for them to recreate some grahics/stickers and put these on. In as short a time line as possible, i will note the main points. Bear in mind the communication was almost all one way, with hardly any replies coming back to me, but they had been highly recommended for their work and I have seen a lot of it and it was what I wanted. I and they had no problems with recreating the colours I wanted, but the stumbling block seemed to be the graphics. I eventually identified the correct style, and in both email and telephone conversation I advised on the size and positioning of them on the frame. The situation was then left via my emai communication in August 2013 that I would wait for a "mock up" of the graphics on the frame to approve them before spraying, application and lacquering over the top. Come November I called to ask why there was such a delay in me receiving a mock up for approval and after a strained conversation, it was left with me verbally confirming that I would wait for the mock up to be sent to me as the other person had been unsure of the colouring of the lettering (all they had to do was ring or ask in the 3 months it took before I called them again). Fast forward to February 2014,and I get a call letting me know that the job was "all done". This took me by complete surprise because I was still waiting for some kind of email that I could "approve" before moving forward. To boil the last part down, I said I was unhappy that he had gone ahead and completed the job basically to his own design and he said it was my fault for not providing the correct proofs for the stickers (I was relying on him to do this for me as he was meant to be recreating them!!!) He basically told me to pay (for a job done incorrectly) or he will keep my bike frame to "showcase" his companies work. He was impervious to me telling him that he had got it wrong and would do nothing about it unless I paid extra over and above the actual cost thus far (I have not paid anything so far). I was going to pay but then I asked for some more pictures of the finished work because I only had the one and a few other parts had been done as well and I wanted to confirm the quality. I then received an email last night (7th March) telling me the frame was going to be stripped back to bare metal and sent back to me as A. Someone else could do the job and B. He didn't want my money. When I replied this morning and said that was OK with me and to let me know when he has ready to send the parts back and to let me know the postage cost, he replied by telling me that if I thought I was getting my frame back then "I was wrong" and he thought "I would have liked that option" and it was now "your move" Has anyone got any advice as to whom I should contact because it isn't going to get sorted amicably clearly
  20. Good morning Firstly I wish to extend my thanks for providing the inspiration and the means to support the victims of unscrupulous behaviour. I would like to seek advice. I live in a borough with a known shortage of residential parking spaces. The Council acknowledge they issue more residential parking permits than spaces available. After a very late and long drive I was unable to park outside my house and so parked my vehicle at the end of my road. My vehicle was not visible from my window and I had no cause to walk past it for a few days. When I returned to my vehicle it was plastered with 3 x PCNs based on the fact that I had parked in a 'Business Permit Holders' only bay, which surprised me, because there are to my knowledge no businesses on this road. Considering there is a shortage of parking spaces I was surprised the Council would reserve spaces for businesses as it seems to perpetuate a known problem. I believed (and still do believe) I had reasonable grounds to appeal and did so. My first appeal was rejected so I appealed again providing much more evidence. My second appeal was rejected. The Council repeatedly ignored my attempts to discuss the matter further by telephone or in writing. I visited the Council offices and requested to speak to somebody, stating I would even be willing to pay the fines in spite of the fact I believed they were unfair, on the grounds that a member of the Council would speak with me so that I could ensure my concerns pertaining to confusing signage, inadequate lighting, etc. were at least acknowledged. I was refused an audience and was forced to wait for a Notice to Owner to appeal further, thus losing my right to pay the reduced fine. The Surrey Parking and Traffice Appeals Service conceded that only 1 of the 3 fines was lawful and ordered me to pay (in full) the first of the 3 PCNs. At the time I was a student and only had £200 in my bank account. The £110 full fee thus represented over 50% of my entire life savings! I have now graduated and am seeking employment. I am receiving Jobseeker's Allowance and my bank balance has not improved! I would like to understand if there are any procedures I can follow to recover £55 from the Council. This is based on the fact that had they only issued me with 1 x PCN, I would have paid the reduced rate. I refused to pay on the grounds I was certain the Surrey Parking and Traffice Appeals Service would cancel all 3 x PCNs because £330 (or even £165 at the reduce rate) was a ridiculous amount to charge somebody with only £200 in their bank account. Additionally I believe I still have more than legitimate grounds for the original appeal. There are a number of issues that were not acknowledged by the Council, including: - The 'Business Permit Holders Only' sign is unlit. I was unable to see it in the dark. It is also taller than the residential signs and thus harder to read in low light conditions. - The 'Business Permit Holders Only' sign refers to an 'outside area' but it is not clear what this area is. - The sign is not adequately differentiated from others in the road. I believe it is there as a 'trap' to make money from people, particularly seeing as there are no businesses down a road with a shortage of residential parking spaces. - The road markings are unclear. - Although I was parked within 10 metres of the 'Business Permit Holders Only' sign (the reason I believe Surrey Parking and Traffice Appeals Service did not cancel the original PCN), I was parked within 5 metres of a 'Residents Parking' sign. Do I have any rights to further pursue this issue? Many thanks for your time.
  21. Hello, Im new here this site came up on google searching I wondered if anyone had any help or advise re a personal guarantee.. Ive done a load of google searching! and I Think it may unenforceable pursuant to the equitable principles of suretyship? In summery I am former director of a company which went into liquidation - shortly before I went into liquidation I personally guaranteed a loan for business which was secured on my property. My husband was unaware - he was never contacted by the bank nor was he contacted by a solicitor - he didn't sign anything and the bank didn't ask me to get my husband to sign anything - i never mentioned it... (husband is not on title deeds due to issue over obtaining mortgage many years ago) Now i receive a calling up notice, husband not happy. not sure what to do next will i loose my house ;.( Any help so gratefully appreciated Im feeling sick - loan is for just over £70,000
  22. Hi Guys, sorry if I'm posting this in wrong forum! I have an old business loan with £15,000 outstanding. However, the business went bust a in Dec 2012 and was Dissolved. I sent Westcot who are attempting to collect for Hoist Portfolio Holdings who bought the debt from Lloyds. I sent them request for True Signed copy etc, they responded two months later with the wrong material. I replied saying that if they couldn't supply it they were in default and had no recourse, using standard letters quoting Consumer Credit Act etc. However, they have now written back saying as it was Business Loan for which I had signed a Personal Guarantee, the Consumer Credit Act stuff doesn't apply. I have 30 days to respond with a plan for repayment or challenge further. I can scan letters if need be, any help much appreciated, as I simply don't have the money to pay them, I'm on the breadline as it is! Thanks. Urban Stealth
  23. Hello, Please can someone give me some direction regarding the following claim MKDP LLP pursuing an MBNA Business Credit Card debt? I have filled out the pdf of questions required before a reply is received (see below.) The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid? Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one? The agreement is pre 2007. Do they still have to produce the original signed agreement? I have no way to pay this or even contribute a small amount monthly, just do not have the money anymore. Thank you and I have compiled a list to the pdf questions below. Claim is issued from the `County Court Business Centre?’ does this make a difference. Name of claimant - MKDP LLP Date of Issue – 01/05/2014 Claim Value – Circa £7000.00 POC – As follows; The Claimant claims the sum of £7000 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and MBNA. The Defendants account number was XXXX and was assigned to the Claimant on XX 2010, notice of this has been provided to the claimant Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £7000 and costs. The Claimant has complied, as far as necessary, with the pre-action conduct practice direction. Value of claim £7000 (Circa) Claim is for business credit card – MBNA. No `Notice of assignment’ receive to my knowledge – still searching for it. Default Notice from original creditor is attached to this post. Is invalid from Dec' 2008. Not received “Notice of Default Sums” – again to my knowledge. Payments ceased due to child being born disabled – massive life change for us. No original dispute. NO DMP. I will send CCA1974 asap I did do this direct to MBNA on 10th March 2010 however I do not have the proof of postage and MBNA never replied. I will send CPR31.14 to MKDP. I will send a CPR Part 18 request. I will defend. Thank you for your help......
  24. Hello all, I have a bit of a complicated one here… 3 years ago I moved into a property as a tenant..tried to contact npower numerous times without any success of them admiting they are my supplier. After 3 years they came up with this huge bill charged for a business account (and meter registered at the wrong address). I do not have any idea how and why they opened a business account. It is not in my name but in the name of the property owners. They have agreed to recalculate all the bills using domestic rates and VAT, but it still comes out big. I have asked them to apply the back billing policy, but they said that because the account was opened (not by me) as business they can only apply back billing for 2 years and not for 1 year as for domestic accounts. Is there any reasonable solution to this and any way I can be back billed for 1 year back? I do not want to wash my hands clean of this and let the property owners pay it, but I do not want to pay the unfair huge bill. Thanks!
  25. Hi me and my husband took out a Scottish Widow policy when we took out our mortgage. We made a claim on the policy when my husband was out of work and then I made a claim when my husband died in 2010. Will I be able to get anything back now, or has my claim and subsequent payout make any claims invalid.
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