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Lombard [Shoesmiths]


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Hi guys,

 

first time visitor in need of some help.

 

Whilst being a director of a failed company Shoesmiths on behalf of Lombard have threatened me with legal action, this is going to cause a major issue as whilst I'm currently unemployed if I get a ccj [or criminal record] against me it will mean not being able to re-enter my chosen field of work.

 

I have made the an offer of £1000.00 which I have increased to £1500.00 in full and final settlement [shoesmiths claim debt of £11500] and they have rejected this and will now issue legal action against me. They have indicated their client will accept around 80% of the figure but they may as well be asking for 80 million as there is no way I can get this sort of money.

 

Can somebody give me some advice to stop the legal action. Can I make them an offer of a monthly figure to stop the action or am I being stupid and trying to avoid the inevitable?

 

Thanks [in advance]

 

WorriedChappie

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Hi guys,

 

first time visitor in need of some help.

 

Whilst being a director of a failed company Shoesmiths on behalf of Lombard have threatened me with legal action, this is going to cause a major issue as whilst I'm currently unemployed if I get a ccj [or criminal record] against me it will mean not being able to re-enter my chosen field of work.

 

I have made the an offer of £1000.00 which I have increased to £1500.00 in full and final settlement [shoesmiths claim debt of £11500] and they have rejected this and will now issue legal action against me. They have indicated their client will accept around 80% of the figure but they may as well be asking for 80 million as there is no way I can get this sort of money.

 

Can somebody give me some advice to stop the legal action. Can I make them an offer of a monthly figure to stop the action or am I being stupid and trying to avoid the inevitable?

 

Thanks [in advance]

 

WorriedChappie

 

Good evening WorriedChappie and a warm welcome to CAG.

 

You say that you were the Director of a company and that the business has failed.

 

Who borrowed the money that you are being pursued for, the company or you? Is there a Guarantee Agreement on the debt?

 

If you accept liability, then of course you can make an offer to the creditor to repay the debt at a set amount per month (through his Solicitor's acting), if you are going to make such an offer, then only offer an amount that you can realistically afford without depriving yourself (your family) of basic living needs.

 

If he rejects your offer, then you wil be able to show the court your honourable action of not making any effort to absolve yourself of your obligation to the creditor/claimant.

 

If you know that you are 100% liable for the debt, then my advice to you is to put your offer to repay at a rate that is within your means and send it by Royal Mail special delivery, if the creditor commences with proceedings against you, you will be able to prove your respectful conduct and attitude in court with said letter of offer, which in turn should show the court that there was no need for the claimant to bring the action.

 

Kind regards

 

The Mould

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Hi Worried Chappie, and welcome to CAG! :-)

 

The Mould has asked the right questions. Are you personally liable for this debt, or is it a company debt?

 

I cannot see why you think you could be charged with a criminal offence here. Having a failed company does not make you a criminal.

 

DD

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Thanks for the info guys, let me answer you questions

 

1. I signed a personal guarantee so I am liable for the debt [i believe]

2. I am not worried about criminal action, I'm worried about a ccj

 

I work within an industry that if credit searches and crb checks come back with any blemishes it is unlikely I will be able to obtain work within this industry.

 

Hope that answers your questions.

 

Thank you "The Mould" I will take you advice and get onto it soon.

 

Thank you guys once again

 

WorriedChappie

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Thanks for the info guys, let me answer you questions

 

1. I signed a personal guarantee so I am liable for the debt [i believe] Did you sign as Director of the Company or as Mr WorriedChappie? Can make an incredible difference to your position.

2. I am not worried about criminal action, I'm worried about a ccj Very good, as Daniella says, there is no criminal offence having being committed here.

 

I work within an industry that if credit searches and crb checks come back with any blemishes it is unlikely I will be able to obtain work within this industry.

 

Hope that answers your questions.

 

Thank you "The Mould" I will take you advice and get onto it soon.

 

Thank you guys once again

 

WorriedChappie

 

Can you scan in and post up the Guarantee Agreement? Minus your personal details of course, we can review said document just to double check whether or not the legal entity who stood as Guarantor is still in existence, Mr WC and Mr WC the Director are two different/seperate legal entities, if such a document is signed under the hand of the Director of a Company, then if the Company should fold, said Director ceases to legally exist. Statute of Frauds 1677 would apply to any defence in such a claim and completely defeat the action of the creditor.

However, as said, if you are liable, then of course stick to making an effort to repay the money.

Kind regards

The Mould

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I have requested the documentation you asked for [the mould] and they are the solicitors [DD] who have given me a deadline until today before thaey issue proceedings.

 

I have sent them an email to request the information which should buy me some time, hopefully.

 

Thanks guys, you advice is re-asssuring at least.

 

WorriedChappie

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Hi,

 

Well, as you can see, Shoosmiths are a ****** solicitors who act as debt collectors! Can you imagine if you had a child with a law degree and they ended up working for people like this?

 

If you have requested a copy of the agreement they should stop further action until they have sent it. Make sure you get confirmation from them today that they will do so.

 

Is the guarantee for a loan or an overdraft?

 

DD

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The Mould,

 

I have today receive the agreemant in a pdf format, can I email to an address as I don't have a scanner?

 

Worriedchappie

 

Good evening WC

 

The signature page, in the area/box where the signature is, can you post up word for word the contents therein please.

 

Kind regards

 

The Mould

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