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    • I don't know much about this area of law but what you are saying about the continuation of a restored company makes perfect sense. I can scarcely imagine that it is any other way. How much money are we talking about here?
    • I'm having the same difficulty working out why @simeon1964 posted #32 without any explanation (again!) as to why it was posted.
    • as such there isnt one.  but that DN says 28 daya, should state a date in the format dd/mm/yyyy   and no IP address of signup PC either. lowells lose so many times on these issues 
    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
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help account in dispute - cap1


italy
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I was not sure if this is the right place. We have an account in dispute. So we are only paying a token payment. The dispute dept do not seem to talk to the collections dept and so we keep getting hounded by them. They have also put a late payment on my credit reference and say they will request the full payment. What do i do talk to them or the ombudsman? Are there any letters i should send?

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Whilst you are still making any payments the account won't be in dispute. Why are you disputing the account & have you sent the 'In Dispute' letter?

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we have an account in dispute. We have continued to pay a token payment but are still getting hounded by collections. It seems the dispute dept does not speak to the collection dept,. What do we do contact the ombudsman or is there a letter i should send to the credit card company.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Two threads merged.

 

italy, please keep to one thread on this subject, makes it easier for people to follow and help you.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Did they state in writing that they cannot produce this agreement?

 

Is the solicitor dealing with this their's by any chance?

Anthrax alert at debt collectors caused by box of doughnuts

 

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If the agreement is unenforceable the only contact you need have with them is in writing stating the reasons for your dispute.

Anthrax alert at debt collectors caused by box of doughnuts

 

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If you give me your reasons for disputing I will post up a template for you to send.

Anthrax alert at debt collectors caused by box of doughnuts

 

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  • 4 weeks later...

Thank you sorry i have been so long in geeting back to you the account is in dispute because they cannot find an agreement that is signed plus the interest rates are incorrectly stated.

 

I have tried to set up an interim 6 month payment plan but they will not do that until i send in a signed letter. ( the agreement was originally in my maiden name) In stead they harrass me and no department seems to talk to another. They say they will default the account I do not really understand what that will mean but i do know the letters frighten me as they threaten all sorts. what do i do?

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If they cannot find a signed agreement they cannot enforce payment of any kind, you can send the 'in dispute' letter #19 The Consumer Forums - Debt collectors and stop any future payments. In effect the account will be in limbo, they cannot add further charges or pass it on to a third party etc. Even if they found a signed copy it would still be unenforceable because of the incorrect interest rates....it wouldn't have been executed correctly.

 

Whilst you are still paying them the account will never be in dispute....how can it be, you're paying them.

Anthrax alert at debt collectors caused by box of doughnuts

 

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  • 2 weeks later...

I have a solicitor who is about to issue proceedings on capital one as they did not produce an agreement. i have also sent them a letter regarding the account being in dispute and the fact they continue to call, add interest etc. This morning at 830 we get a call to say we will be defaulted. i explained the situation and then they want a payment plan to be agreed. The stress and pain this is causing not only for me and my family makes me feel is it worth it. this site has really helped me to carry on and i hope light will be at the end of the tunnel but are people being successful in these claims or do these bullies win in the end?:(Sorry my fighting spirit feels low today

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Hi Italy

I, as probably many here know exactly how you feel, I myself are a bit low at the moment with all the constant calls etc but I am certain that together here on CAG we can fight & WIN!!! Keep your chin up and don't let them get to you. without the agreement & a solicitor on your side I am sure it will all be worth it in the end.:D:D

 

Good Luck

fm79

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Your welcome, anytime;)

 

 

& you don't have to speak to them on the phone, just tell them everything must be in writing and that you are recording the call even if you're not.

Then send the telephone harrassment letter which you can find in the library. note times & dates of all calls. if you have caller display and they display their number then everytime that number rings don't answer if you don't have caller display or they withold the number as soon as you know it is them just hang up.

 

luv fm79

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i have sent the letter but no reply they have instead said they are putting a default on my credit reference

what exactly is a default and if in the future i am successful with my claim will they have to remove it and any sign of the account from my account

Should i contact the credit reference agency

 

Sorry lots of questions

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Have they sent you a 'Default Notice' giving you 14 days to remedy the a/c?

 

A default is a 'black mark' on your credit file that stays there for six years, but they cannot do so without issuing a default notice which must be properly drafted and served.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their continuing to pursue a debt whilst in dispute, they are in clear breach of OFT guidelines & CPUT;

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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have received a letter from capital one who say that they have compiled with my request in their view the account is not in dispute and so i am still bound by it. consequently they will default the account.

I feel confused angry and worried. should i set up a payment plan or simply let them default the account.advice?

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Have you made a complaint to to the OFT yet?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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