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dougalldogg

Money Shop & 1st Crdeit

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Well I hope this is the place to help me out. I've search through this site a bit looking for an answer and not found a case simular so here goes.

 

A while back a company I used to work for had to pay us via cheque as there was 'problems with bacs payments' for a couple of months so needing to pay my bills sharpish I went and cashed the cheques at the Money Shop as my bank account was overdrawn at the time. The first 2 months were fine but the third month the cheque bounced. I recived corispondance from the Money Shop stating that i owed them the £2,209.00 imedately as the payment had not been processed after the cheque had been presented twice. I handed this to my MD to sort this out straight away and thought this was the end of it. About 2 months later i recived a post card from the Money Shop saying that a collection agent would be calling at my home address to arange for collection of the debt. I also handed this to my MD and stressed that he resovle this matter urgently. In the mean time I had moved out of the premises that all the letters were being sent and changed the company I worked for. I heard nothing until visting my Grandmother to collect my post she said to me a company called 1st credit have been phoning for me constantly. In my post was a letter dated 4th June from 1st Credit with a headline 'Legal Proceedings' stating that they now intend to take legal proceedings against me.

 

Now normaly I woldnt be to bothered by what seams like an idle threat but I no long live at the address that all the corispondance is being sent to s this is my Grandmothers house. I don't appricate there constant phone calls and letter to her house when she has told them I don't live there.

 

I do not see this as my debt as I didn't bounce the cheque and have asked the MD of the company I was working for at the time to sort this out. Unfortanely the company is no longer trading and in the process of beeing wound up so I think they are chancing there arm at getting me to pay. And also stupidly I don't have a copy of an agreement I have signed with the Money Shop so I'm not 100% sure of the liability, if it is myself or the company. The cheque was from the company made payable to me and as far as I'm aware me signing the cheque on the back as the Money Shop request is just letting the Money Shop cash this on my behalf.

 

Your help would be much appricated as I hope to deal with this matter swiftly

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I think it is your debt, and you will need to deal with this. Sorry.

 

As I understand it you had an agreement with them to assign the benefit of a cheque, or sell a debt if you will, to them.

 

They pay you for this (less a fee).

 

The debt you've assigned them is a lemon and so they are seeking the return of the fee they paid you for it.

 

Almost like wanting to get their money back on a faulty toaster they've bought or something.

 

In hindsight, it doesn't surprise me that the company is now being wound up.

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Firstly to stop the calls send 1st call the harrassment letter in the templates on this site.

 

Try and dig out the agreement you have with Money Shop and get it posted on here, blanking out your personal details.

 

and the experts on here and check them out for you


Train hard...Fight easy

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As a note, I would think that this is a straight contractual debt, rather than a regulated agreement.

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Yeah this your right there Kraken1


Train hard...Fight easy

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Thanks for the swift reply. Sadly I'm in no possition to pay £2000 to anyone let alone for a debt thats isn't even mine. I have no intention of paying either 1st Credit or the Money Shop a penny let alone the full amount. So far I have not replied to any of there corispondance though I have asked for any further letters to be put aside for me and all phone calls to be logged. I have tried to contact my previous company to get them to settle this. I don't know whats the best way to go from here or if it is worth trying to take my previous employer to court over this.

 

I have had a look trhough all the paperwork I have for this matter and as such I have no copy of any agreement only a recipt for the cheque in question and alot of letters. To the best of my knowledge I don't think they provided me with anything and that i only signed forms which they kept sole copy of.

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but the debt is yours...

 

You entered into an agreement whereby the company advanced you money with the promise that you would pay them this back, and in security for this you assigned the benefit of a cheque.

 

Just because your security failed, does not absolve you of responsibility for the debt. They can claim off you, and then you need to claim off your previous employer.

 

A similar situation.

 

You owe 1000 to George. George buys a sofa and promises to pay the sofa shop once you pay him. You don't pay him. Does the sofa shop have a claim against you or George?

 

If your previous company is gone, then you are likely to struggle if you sue them. the golden rule is that you don't sue someone if they have no money or are dead. A dissolved ltd company is basically like a dead person. So:

 

What was the company - ltd, plc, partnership etc?

How closed is it? When did this happen?

Do you have any idea what the debts were?

Do you know if there were any guarantees in place from the owners?

How many employees were there, did any get paid?

What did the company do?

 

There won't be a consumer credit act agreement, this is a contract debt.

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I have to agree, they 'advanced' you an amount from the cheque which subsequently was not honoured. They will have made sure that they are covered, you will have signed some indemnity for them.

 

You say that your previous employer is no longer trading, and therefore they would be in liquidation, or similar and you would have to register your claim against them for the amount of the cheque.

 

Unfortunately, handing the bounced cheque back to your MD to deal with was not the way to proceed as it was between his company and you. You will, I am afraid, have to deal with this problem the best way you can.

 

Sorry that there is no real help here, just advice.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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