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PG on vehicle sold on business lease in liquidation please please help


chedworth98
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hi

please help - on behalf of my father , he had a vehicle on finance lease in 2002 in company name but with personal guarntee over 5 years , when it got to the 5yrs and went into secondary rental he sold the vehicle , the 5% of sale goes to finance company and vat , my father believed his manager and office staff had dealt with paperwork , we heard nothing . They are now trying to claim from my dad the 5 % sale , vat on that sale and the secondary rental that was due in 2008 , just under £7'000. the original value of the lease was around £60'000 they have sent baliffs to his door . the company went into liquidation in april 2010 - all the records are with the liquidator and they are not helping in finding documentation , where does he stand ? is he liable for any of it ? p.s the vat part would have been paid by his company on the invoice when the vehicle got sold ?

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Hello chedworth

 

Did your Father sign as director of the company or did he sign the guarantee in his personal capacity?

 

What happened to the money from the sale of the vehicle? (not the vat part).

 

How long was secondary rental for (was the vehicle sold in 2007)?

 

Do you have a copy of the guarantee agreement to hand and if yes, can you please scan it in and post it up.

 

Kind Regards

 

The Mould

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hello

thanks for quick response , i dont have the agreement to hand , i believe he signed the guarantee as a personal one , the money went straight back in to the business , from phone conversations they applied for the secondary rental in august 2008 but the d/d was cancelled so it was sold between august 2007 & 2008 . dont recall any correspondence from them up untill the business closed , and when they sent letters this year they were using a very old address , but they sent the bailiffs to his new address , i believe dad is awaiting copies of correspondence they have given him 30 days to pay . i will post agreement when recieved , thanks again x

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:!:· Annual payment due of £1459.90 plus VAT was returned unpaid by your Bank instruction cancelled.

·

· We chased for this payment, not received so requested a keeper enquiry via DVLA.

·

· New keeper details received, confirmed he had purchased the vehicle from you.

·

· We chased you for information regarding the sale but received no response

·

· We re-contacted new keeper who provided us with the details of his purchase

·

· We sent an email confirming plus we issued letters and left telephone messages

·

· Received no response. Sent Agent.

We have received no monies from you since cancellation of the DD mandate in August 2008.

Therefore we require the annual rental of £1459.90 plus VAT not paid and due within the primary term of the agreement.

The VAT on sale of £3500.00 which we have accounted for to HMRC

5% of the sale price of £1000.00

Total £6215.38.

As discussed, you have not complied with the terms of the Agreement and all the information we have on the sale we have had to obtain.

We will allow you 30 days to attempt to resolve "Without Prejudice", which is generous given the circumstances and will expect payment by 19 November 2010. We should also charge you for the cost of our Agent but "Without Prejudice" will waive this providing you make payment by 19 November 2010

UPDATE !! -no agreement but this is email they have sent x

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Chedworth

 

Are you sure that baliffs have been sent to your father's home?

 

Has this creditor ever issued/served a claim against you father to the Courts?

 

If the answer is no to the above question then, they have sent a field collection agent (debt collector) to your father. A Debt Collection Agency (DCA) has no power or right under any Statute, a DCA can only ask for payment from your father, so tell this DCA/agent to go away, he can only come in your father's home if your father invites him in.

 

Get a copy of that agreement from the creditor please and then post it up (minus the personal details of course).

 

Kind Regards

 

The Mould

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Hi Mould

cannot recall no information being recieved anywhere not at business or home , even when they applied for d.d in 2008 ! 2 men knocked dads door said they were from bank of ireland finance and needed paying 6k dad got very irate and then they left contact details we callled and got the info they emailed , agreement on its way , it says they were writing one address she said on phone was very old one . thanks for your advice so many debts coming out of wood work xx

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Hello again chedworth

 

Is Bank of Ireland the original creditor?

 

Does you father have a CCJ showing on his credit file for this debt?

 

Loads of questions, my apologies for that old boy, just need more details about your father's case my dear fellow.

 

Kind Regards

 

The Mould

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no worries please ask all you need i am happy to answer need all advice i can get x

Yes the vehicle was financed with bank of ireland , no no ccj dad checks file , the original agreement was taken in the business name x Thankyou for replying x

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OK chedworth

 

The creditor has not filed a claim against your father as yet then, so those two men [are] field collection agents sent by the creditor, they have no power/rights whatsoever, don't let them into your father's home!!!

 

If the original agreement was in the business name, then there is a strong possibility that your father signed as director. (that will be very good news for your father if that is the case)

 

Kind Regards

 

The Mould

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Hi Mould

dad just posted docs through , i have an invoice , lease agreement (photocop no t&c on back or attached ) and a guarantee and indemnity doc 7 pages long what do i need to post up ? x

 

Chedworth

 

I was just about to close the computer down for the night when an email came through showing your post.

 

Well, please scan it all in and post it up, interesting that no T&C'S are included, I am very interested to see what the guarantee agreement has to say and in what capacity was it signed by your father.

 

Remove all personal information when you post up those docs chedworth.

 

I shall not be back on now until morrow night (possibly after 9pm).

 

Kind Regards

 

The Mould

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Hello chedworth

 

I have had a look at those attachments, but no matter how much I blow them up (400%), I cannot read them (very blurred), can you scan them in again please.

 

I have downloaded the gurantee, I shall have a read of that on the morrow, there is no signature on the document?

 

What was the name of your father's business, you can pm with those details if you wish and sorry for asking for those details.

 

Well, I would like to read through those docs, but unfortunately they are not clear enough.

 

Is that guarantee document all that the other side have in their possession, was it signed?

 

Kind Regards

 

The Mould

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