Yell Limited and Tenon Recovery

[rat man]

Hi Everybody,

 

This is my first time on this forum and I must say I have found some of the past threads already supportive and informative. It's obvious to me that some members have had dealings with Tenon Recovery.

 

I am employed as a General Manager/Pest Control Technician of a small Limited Company consisting of three people. We have advertised for the past four years with Yell Limited and towards the end of last year they sent their national accounts guy to see us as we were considered a valued customer. Stupidly I fell for their advice in upgrading our advertising to the tune of £15,000.00 for the year. The advertising started and our payments still continued from one order to the new order (montly direct debit payments). We initially paid £3,000.00 towards the current order but then stopped as the sales didn't come in. I contacted Yell to explain why and sent them a letter explaining our disappointment in both the advertising and the advice we had been given. The response was that Yell are only responsible for the advert being placed in the directory and not any advice or lack of sales. The sales guy presented all his facts and figures etc. with the various glossy brochures and laptop, but this isn't considered as advice apparently just sales puff.

 

We were advised to obtain third party confirmation of our ability to pay in installments as we are still trading with our existing client base secured mainly on service agreements. Whilst we were in the process of compiling this information with our accountants a letter from Tenon Recovery arrived, they have threatened insolvency. My wife is the Director of the Company and especially at this time of year this is not the recipe for a happy household. We have two small children with a mortgage and cannot stop worrying.

 

From what was a viable business trading for the last four years we are now worrying that it was all in vain. I have sought legal advice and our solicitor has offered installments of £500.00 per month for the total amount to be paid or £1000.00 per month for the next 8 months (£8000.00 in total). Since the offer, a default notice has crossed in the post. However it not only has the Limited Company name listed but my own personal name. Can they do this? This will obviously affect my own personal credit rating. I'm under the impression that a Limited Company is it's own legal entity, I'm only an employee, I'm not a Director or shareholder.

 

Does anyone know if they have to accept our offer or can they really make the Company insolvent? There is minimal assets in the Company and as there are other creditors (bank overdraft and business card) they won't get hardly anything. I have also looked at their agreements and they do not conform under the requirements of the Credit Consumer Act 1974. Again my limited understanding is that as a Limited Company we are not given protection under the Credit Consumer Act 1974. How come Yell Limited/Tenon can have rights by constantly quoting the Credit Consumer Act 1974? This hardly seems fair.

 

Does anybody out there know anything that may help. I would sincerely appreciate some advice and who knows from my life experiences I may be able to reciprocate.

 

Regards,

 

Mr. Angry/concerned/worried

[Goldlady]

No they can't do anything against you personally. If they try to issue proceedings against you as an individual you simply send back a defence to the court stating that the contract was with a limited company and you are only an employee. A perfect defence - cannot be argued with.

[rat man]

Thank you Goldlady, what about the Default Notice it has my name on it? Do I have any redress with the Credit Reference agencies? Anyone else with any info about the Company's (my employer's) position with Tenon?

 

Thanks again,

[Goldlady]

Presumablty the DN has your name but at the company's address and not your home one. In which case it should not end up on your personal credit file.