Loan Arranged Through Intermediary For Limited Company

[slick132]

Hi BobD,

 

First step is to post here details of the Particulars of Claim against you, if you have this.

 

By what date must your defence be filed at court.

 

Are you being sued by the bank as a Guarantor to the loan(s) made to the Ltd Co.

 

If Henderson Barker still have any of your papers, send them a Rec'd Del'y letter saying they have failed to assist you in any way and you require the immediate return of your papers to allow you to defend the banks actions yourself.

 

Say you require the papers within 7 days or they will be cited in your defence to the court action as a reason for your being unable to respond properly to the Court Claim against you. Adapt the letter to suit your case but keep it brief.

 

You will have to put a Defence together but we can only work on this when you supply the info I've requested above.

[slick132]

Hi Bob,

 

You need to tell us exactly what their POC was on the Claim if you want help with a Defence.

 

You say you did not sign as a Guarantor. So why are the bank now suing you? Is it possible that the loan(s) were actually in your name personally.

 

Perhaps I'm missing something here, but I don't see why the bank have sued you if they loans were made to a Ltd Co.

[slick132]

Hi BobD,

 

The thumbnail is too small to read at all, which may be a good thing as you've left personal details showing (Claim No. and maybe other stuff).

 

I've also removed the a/c no. from your post above and please take care not to post sensitive personal data.

 

Remove the thumbnail asap. As you've confirmed what the POC's were, there's no need to repost them for now.

 

Do you have one or both of the loan agreements - if so, hide the personal data (name, address, a/c no, etc) and post them here so they can be checked over. See here for help with posting documents onto the forum - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Who do you mean when you say they, here " .... there was PPI taken out which they renaged on by saying as I was going to Employment Tribunal they would have to wait for the outcome of such. "

[slick132]

So did you, after being dismissed by the employer, claim for the PPI to make the monthly loan payments, and Halifax Insurance refused.

 

Can you confirm if you have one or both loan documents to post here.

[slick132]

Hi BD,

 

The doc'ts posted above are still too small to read at all.

 

Try using PhotoBucket and/or the POST IMAGE

symbol from the REPLY MENU.

 

[slick132]

Hi BD,

 

I don't think you have a hope in hell of defending on the basis of being unaware or misled about this being a personal loan in your name.

 

It's signed in 3 places and 2 of the sig're boxes suggest the loan is personal to the signatory.

 

The company name is not visible anywhere and there's nothing that I can see to back up your suggestion that you were acting as a co-signer for the company.

 

When the loan was paid or drawn down, did it go first into your own a/c and then into the company, or was it paid direct into the company a/c. Do you have any evidence about how the money was paid over - this could be something to demand from the bank in response to their allegation.

 

I'll see if you have any defence regarding the way the loan was set up with regard to PPI premiums.

Edited February 1, 2010 by slick132
typo

[slick132]

Hi BD,

 

When replying, is there any more you can do to find out who the intermediary was that set up the loan for the MD or company.

 

Also, can you show that you did NOT receive the money into whatever personal bank accounts you were using at the time. If you can do this, then part of your defence could be to put Halifax to produce evidence of the a/c into which the loan was paid.

 

If it was paid into the company account, this would add weight to your arguments.

[slick132]

Hi Bob,

 

Further to the above, I sought expert advice on the credit agreement itself and have to report that it looks enforceable.

 

So any defence will need to rely on other factors, such as where the funds were credited, etc.

[slick132]

Hi BobD,

 

You already know that I have reservations about your predicament because of the PPI payments which you claimed and received. Others here obviously think the same and I would assume the bank's barrister would home in on this too.

 

Did you make the PPI claim AFTER you were made redundant, by which time the bank had approached you personally for payments. Or was the PPI claimed before then.

 

You must get the further evidence you need about where the money was paid when the loan was first drawn-down. Also, any evidence showing that the company was servicing the monthly payments will be helpful.

 

Have you approached the police at all. If not, I think you should do so now. They may be disinterested initially and, if you want them to investigate (which will be helpful to your case), you may have to be insistent.

[slick132]

Hi Bob,

 

I think you have to approach the police as I suggested above.

 

When is the defence due in.

 

I think you will have to enter an "embarrassed" defence which will say the claimants Particulars of Claim are not sufficiently particularised, etc, etc.

 

See this post and onwards for examples of embarrassed defence and re the use of CPR to get info from the bank. http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court-10.html#post2712509

 

You can defend the claim in full at this stage.

 

I think you should also state in your defence that you are the victim of fraud and investigations into this matter by the police are ongoing.

 

You should write to the claimants sol'rs seeking info using CPR31.14 to address doc'ts you require in response to their claim.

 

Also use CPR18 to seek the bank's proof as to which a/c the money was credited to.

[slick132]

To address your earlier point about PPI being included in the loan agreement, this did not make the agreement unenforceable according to the advice I was given about the agreement's enforceability.

 

The only exception to this is if a "Hidden Commission" had been paid regarding the insurance.

 

However, this will not affect your defence on the basis that you were the victim of fraud by the MD and others.

[slick132]

Hi Bob,

 

Your defence will be straightforward just now, because the POC in the claim against you are so poor.

 

Go through the thread I linked above and remember, the embarrassed defence only has to address the POC.

[slick132]

Perhaps those not willing to assist BobD can desist from posting, and leave it to those who are willing, thanks.

 

Hi Bob,

 

I'll repeat, your defence should answer the POC. As this is insufficiently particularised, you'll enter an "embarrassed" defence as suggested above.

 

Letters sent under CPR18 and CPR31.14 should still be sent, regardless of the deadline and timescales.

 

You can then seek the further info you require for use when defending in response to their revised POC (which I assume the court will require) and when preparing your main body of evidence.

[slick132]

Hi Pedross and NO my comments were not aimed at you.

 

I hadn't seen your post when I made mine, as we posted only 2 minutes apart.

 

The defence can only be based on Bob's assertion that the loan was applied for fraudulently where he was an innocent party, with the funds being paid into the company, or other, account.

[slick132]

Hi Bob,

 

I've edited out the tel nos. from post #54 - I don't think having these on view will help your cause.

 

The link in post #40 gives you an "embarrassed" defence example which you can use. Just amend it to reflect your own case.

 

[slick132]

Hi Bob,

 

The POC date is not normal but affects little - the POC's are inadequate.

 

Did you actually send off CPR 18 and CPR 31.14 letters. Or if this was done by Henderson Barker, do you have copies of the letters that were sent.

 

If not, you should do this yourself now, as you can't rely on getting anything back from HB Ltd. have you requested your documents back from them using Rec'd Del'y ?

[slick132]

Hi Bob,

 

I have sent you a PM.

 

[slick132]

Hi Bob,

 

Please revise the defence to include the suggestions I have sent you and post up the final document, to confirm what you have sent.

 

[slick132]

Hi Bob and thanks for the up-beat update.

 

I'm not sure whether you should pursue for compensation to cover your losses due to non-payment under the PPI policy as this support the assertion that the loan (and PPI policy) is yours.

 

Depending on how the claim against you goes, you should seek refunds of the amounts they took from your bank a/c by Set-Off.

 

So, rather than seek compensation for their failure to pay up under the PPI policy, I think you should seek compensation for the amounts (wrongly) taken from your personal account, for a loan that isn't yours.

 

Playing Devil's Advocate, as usual.

[slick132]

Hi Bob,

 

Sorry if I appeared to pee on your barbeque - just trying to protect your interests !!

 

I would do nothing at the moment. Maybe review this when you hear further from Halifax about the PPI.

 

No doubt, if they refund to the account, this will be passed down their lines of communication.