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LLoyds Business overdraft CCJ recieved


jdene
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I am not sure if Business charges claims are still claimable since and during the OFT test case. There is however, a thread for business claims at http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/68191-claiming-business-account-lets-new-post.html and I fully suggest you have a read of this thread as I have not looked at this thread lately, and you may wish to post on there to obtain some much needed current help and advice.

 

Tuttsi

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Hello tuttsi thank you for the advice However I am not trying to claim back any charges I am trying to sort out the overdraft that was left when my company went into administration, as there is a directors guarantee turned up that i do not remember ever signing

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Jdene, I am very sorry if I misunderstood and also that no one else has been answering your thread.

 

Also noticed that you joined CAG the same time as me.

 

Have you sent them a SAR and requesting a true signed copy of this Directors Guarantee document? You will find a SAR in the template library and you will have to adapt the letter to suit what documents you are requesting. You will also have to send £10 with this request. They then have 40+2 days to respond to you and then if they cannot supply you with that true signed copy of that document they are snookered.

Tuttsi

Hello tuttsi thank you for the advice However I am not trying to claim back any charges I am trying to sort out the overdraft that was left when my company went into administration, as there is a directors guarantee turned up that i do not remember ever signing
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Hello TuTTsi yes have done all the normal things they have just complied with the court directions looks like i may have to just accept it and fold on this one, they seem to have everything they need dont know how i would stand on a hardship move as I have not worked for a year and i am caring for my wife, who has cancer, my ex partner dosent seem to worried though.

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So are you saying that you have a copy of the document that you actually signed?

 

Maybe you can make an offer to repay the overdraft over a period of time, but knowing the banks they are not always sympathetic even in hardship. I presume your ex partner is also responsible and will also be paying half, but you ned to contact your ex partner and maybe if he/she is in a better position than you will pay it in full and you can repay them when you are in funds. Just my thoughts....

 

Tuttsi

 

Hello TuTTsi yes have done all the normal things they have just complied with the court directions looks like i may have to just accept it and fold on this one, they seem to have everything they need dont know how i would stand on a hardship move as I have not worked for a year and i am caring for my wife, who has cancer, my ex partner dosent seem to worried though.
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Yes they have come up with a signed guarantee, however this was done in a bit of a underhand way we were told our signatures were only required for authentication on the account this document was given folded to the signature page and never explained, at the time we made it clear we had no interest in directors guarantees due to the fact we were looking for aditional funding to help cash flow, LLoyds jumped in and offered us the account with an overdraft to lure us away from Barclays. with promises of a further 250k investment but the overdraft was never secured and the manager assured us he could authorise this without any guarantees or security. so it looks like I been caught out.

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Hope the court sets a limit on my liability and gives time to pay.
you will need to complete and income and expenditure to present to the courts together with documentation to back up your hardship claim as proof to the court.
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thanks tuttsi thinking of getting in touch with my solicitor tomorrow see if he can do anything on legal aid to try and get this sorted, I will pay if it is owed, but dont want this to land me banckrupt just when theres a glimer of light at the end of the tunnel

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thanks tuttsi thinking of getting in touch with my solicitor tomorrow see if he can do anything on legal aid to try and get this sorted, I will pay if it is owed, but dont want this to land me banckrupt just when theres a glimer of light at the end of the tunnel

 

How much is owed?

 

Is the debt 50/50 with your partner?

 

Can you afford a repayment plan?

 

To make you bankrupt you would have to owe in excess of £750.

 

If the debt is more than £750 then you should seek the help of the solicitor ASAP imho.

 

Tuttsi

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The total debt is 26k and joint and several liability between myself and ex partner, I will be able to afford a payment plan in about 6 weeks time when I should have an income again.

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Hello Tuttsi basically they have a signed guarantee so I have to pay or go bankrupt, so the solicitor is getting things together to offer a payment method that would avoid bankruptcy.

Thats what you get in this country for trying to get above your station i guess, all the legislation in place to protect the consumer is overidden by the banks paperwork and thier investors.

Never mind it wont kill me i suppose.

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All the best Jdene, know many people who have gone through similar events and they've all come out the other side as stronger people, many of whom using it to go on to greater successes. You'll never be a winner if you never try and such pitfalls along the way are inevitable. :)

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Jdene,

 

I am really pleased to see that you are you planning on putting forward a sensible payment plan one which you can afford?

 

Please let us know how this matter progresses.

 

All the best

Tuttsi

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