where do we stand - help needed!

[preggers]

Hi !If I may explain my story in a nutshell

Husband had a business five yrs ago with his business partner who was found to be raising fraudulent invoices which RBS were honouring without requiring a signature

Husband voluntarily wound down the company to prevent further criminal activity - business partner did a runner

Husband received a letter stating he was liable as partner/director so we got a solicitor to start fighting our case

heard nothing for 3 yrs until a letter from RBS solicitors apologising that we had 'fallen off the radar'

husband served with papers and a demand for a hundred grand!!!

I wrote to RBS chairman explaining the facts of the case and have had communication with the Group head of customer relations - all very friendly but money still owed

Ive now received a income and expenditures form to fill in - we have very little spare income and no assets - Im happy to prove that to them but my point is - we refute the assumption that the debt is my husbands - especially when no effort seems to have been made to find the ex partner

Are we just expected to pay up? can they start bankruptcy proceedings if we are disputing the debt it ours?

Sorry - not much of a nutshell but the bare bones of what is an increasingly stresssful situatuon! Where do I go from here? The FOS perhaps? I dont know - does anyone? #

Thanks in advance!

[preggers]

gosh - 38 views but no one with any advice?

Im REALLY depressed now!!

[Jasper1965]

I think the first thing that people will need is clarification of the business type. Was it a partnership or was it a limited company?

[Eshezo]

Hi preggers,

 

If you could put some more detail it would help:-

 

1/ what were the invoices for that were being raised, ie for goods, services etc...

2/ Over what time period where they raised and an approx value (total)

3/ What type of company was it , ie Ltd, LLP etc... or private

4/ What was happening to the funds when they came into the company, presumably they were in the Company account and your husband may or maynot have been aware of them.

 

You don;t need to post any details of names or personal info just the facts, thanks

[42man]

Was the matter reported to the police by any chance ? if so did you get a crime number ?

[debbbbsy]

To find out exactly what has been going on with this account for the past 3 years. Begin by sending a SAR .

 

Send to:-

Joyce E Tudor (she's the RBS data controller)

Retail Regulatory Risk

Business House B

PO Box 1000

Edinburgh

EH12 1HQ

 

heard nothing for 3 yrs

 

If they have been applying interest to this account/debt the 2006 CCA requires them to provide statements. Failure to comply with this legislation prevents them from instigating proceedings.

 

Husband had a business five yrs ago with his business partner who was found to be raising fraudulent invoices which RBS were honouring without requiring a signature

 

So, were they factoring the invoices. If so, there must be an agreement between both partners & the RBS. Do you have a copy of this ? Does it state that your husbands signiture is required.

 

If he doesn't have a copy. Request it. Refer to it in the SAR.

[Johno100]

gosh - 38 views but no one with any advice?

Im REALLY depressed now!!

You were given advice in the other thread you started:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286525-stat-demand-from-RBS-please-help&p=3223840&highlight=#post3223840

 

It maybe of assistance if you told us the outcome of that advice (assuming you acted on it) rather than going over old ground.

[Eshezo]

is it possible to combine the threads ? because Johno is right there is lots of info thats going to get repeated, either that or close this one down and refer it across to the other

[liquidauctions]

1. Is it LTD?

2. Did he provide personal guarantees?

3. Did RBS pay without following the correct procedure? (e.g, needed your husbands signiture also)

 

If point 3 applies then they cant take you to court because your husband didnt sign unless only one signiture was needed

If point 2 applies with or without point 1 then the news may not be good

If its just point 2 then they are just an un secured creditor.

 

If the con was going on for some time (its difficult to factor 100k worth of invoices in a month) then your husband may be liable, the judge will ask why he didnt notice letters from the bank and large deposits going into the account. Lets say 10 invoices where factored, thats 10k a month and a few letters that he was missing.

[preggers]

Hi and thank you all for replying - very much appreciated

 

Firstly let me apologise - I have limited access to the internet and therefore this site and am far from a prolific poster. I didnt realise that if I had posted on another thread - albeit about the same issues - that they had to be linked.

 

I did act on the advice given to my post in the thread Formal Solutions - I sought legal advice and was told that the demand could not be set aside

 

I then took it upon myself to deal with RBS themselves as I explained in my original post on this thread.

 

To answer your questions

 

It was a limited company

 

My husband says he cannot remember signing a personal guarantee but cannot be sure - this was 5 yrs ago

 

It was invoices for factoring that were raised - my husband said no signature was needed as it was all done via computer software and RBS paid out automatically.

 

The total was for about £100,000 and seemed to be going on for only a matter of months - as soon as my husband noticed he started to voluntarily wind the company down to prevent further theft

The directors roles were different - my husband dealt with the customers and was out on the road - his partner dealt with the finances and the company account

 

We do not have a copy of the agreement - I am in touch with the Group Head of Customer Relations and the Head of Recovery for RBS - can I request it from them or is there someone else I should be speaking to?

 

The matter was not reported to the police as we had engaged a solicitor initially who was collating the information - and then nothing was heard from RBS for 3 years so we were advised to let sleeping dogs lie!

 

I am fully aware that the debt exists and if any of it were my husbands we would happily work with RBS to bring an end to the situation - but it is not my husbands debt - he was naive and gullible perhaps by not checking every piece of paperwork and keeping a closer eye on the figures - but he is not a thief.

 

They have stayed the bankruptcy order for 28 days to await further information - can they just make us bankrupt like that? surely we have some rights where this is concerned?

 

Also, am I expected to give them my income and expenditure as if we were accepting the debt is my husbands? Does the fact that they had us fall off the radar for 3 years hold any sway ?

 

rebel11 and debbbbsy thank you for the information - I will be in touch with both of those people you have suggested

to everyone else who took the time to reply - your help is very much appreciated

Any further help or advice any one can give is always welcome

I will keep you posted as to changes in the situation

Thank s again x

[liquidauctions]

Untill you get a copy of the agreement from RBS any advice would be either based on If he did provide a guarantee or he didnt which would not help you at all. I advise you to get a copy by either SAR or CPR if it has gone to court and you have submitted your defence. It maybe just a matter of telling them that no guarantee was provided, I also hope when he wound down the company he stated RBS as a creditor as this could lead to a problem if he didnt. RBS should have also been made aware that the company was being wound down. This will go to court by the looks of it as it constitutes to fraud and your husband will have to prove his innocence. In the meantime get hold of the SAR and start tracking the other director but dont spook him or tell anyone untill it goes to court or anyone asks.

[preggers]

Just to update this thread - after long and protracted communication with both the Head of Finance and of Recoveries for RBS I am delighted to say the case is closed!!!

They have decided my husband is truly a victim in all of this so we are delighted - thanks once again to all that offered advice and help - much appreciated!!:-D

[Jasper1965]

Congratulations that must be a huge relief for you all.