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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

HSBC and liquidated company, can I claim?


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Just remembered we had a loan too to bring down te overdraft at one point, cant remember the exact amount but I think it was around £10k - £20K. Is that something we may be able to look at too?

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When you say 'we' who are 'we'?

 

Try to factor in my thinking here that a personal loan would be subject to being CCA regulated.

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

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PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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We, means the company.

I have looked on SAGE and there is approx £250K in Directors loans that were still in the company that we put in (mom, dad and me).

Heres a link to my thread below which also includes the details for the factor company which ripped us off!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?305872-HSBC-and-liquidated-company-can-I-claim&p=3440537#post3440537

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Did the company go into liquidation with a large amount of creditors? - if so how much?

 

Can I ask if you can break down that figure of £250,000 of loans you took out and how and when they came about, what they were for etc?

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Yes if they were regulated under CCA that does change things.

Going back a few years using the limitation act should not pose too much of a problem,although determining a starting point of awareness,ultimately will depend on the cause of action you choose to use.

When was the account set up ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes if they were regulated under CCA that does change things.

 

 

That was what I was angling for Martin, it could make a difference.

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Yes I may have fared better with my Barclays tussle if I had introduced it-but back in 2006/7 we didn't really know what we do now.

I did win the right to have my case allowed to run in consideration of Limitation-despite them putting up a fight with a barrister-a sep hearing is needed for this.Should it be needed I would be happy to provide a Witness statement giving details of this for others.

Barclays was no easy feat and took 2 years of fighting-they will pull every stunt known to man.

I think that it is a good idea to attack this with other arguements thrown in too-like unfair relationship,and fiduciary duty of care.Much of the play Barclays made in my case was to dispute my right of reliance as a consumer.

I do feel if there is a cause of action-that provision be made to run a thread out of their view-which I can sort out.

You could also read some of the very lengthly issues discussed and thrown in on my own case.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Did the company go into liquidation with a large amount of creditors? - if so how much?

 

Can I ask if you can break down that figure of £250,000 of loans you took out and how and when they came about, what they were for etc?

 

Hi Andrew, I will try and do it later today.

 

I know that some of the money put into the company was done so because of cash flo issues.

 

Sometimes we had over £100k outstanding on invoices.

 

I think the bank manager saw this as an easy target and talked us into invoice finance (which I personally think was mis-sold) which killed us off.

 

If a company takes out a loan and you sign a personal guarantee for it does it then become regulated by CCA as if it was a personal loan?

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There are bank charges to claim back. I have records that go back 10 years, what do I do now.

 

Do I make a list and send it to HSBC and ask them for it back against the personal guarantee they took with interest.

Any views will be appreciated

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Yes a preliminary letter would be the first point of call-especially will be interesting to see how they respond.

The problem might be that they will see bank charges and immediately dismiss it-so I would advise against anything looking templated.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Is it all bank charges and interest I can claim for or just specific charges?

 

Shall I just send a list of charges and dates and see if they offer anything, then add interest, accumulative etc etc

 

Now I will be sending this based on them claiming with the personal guarantee.

 

Is there a ceiling for the amount claimable or is it just the amount of the guarantee plus interest?

What would you suggest.

 

We are talking over £20K here.

They may settle to stop things going further as it could set a president and open the floodgates for them, what a shame.

 

We can but hope.

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There is no ceiling as such.Obviously anything over 5k would take it out of SCT so there is always exposure to costs.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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SCT? and exposure to costs? Can you elaborate a bit. I dont know what you mean. Thanks

 

Oh, dont forget this is a Ltd company that Was liquidated November last year and the director forced to pay £20K personally because of a joint and several guarantee. If it makes a difference.

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Small claims track (SCT)

Max can claim is 5k -but does not include interest or costs.

Over this amount would go into fast or multi track where all costs from the other side would be claimable if they won.

I have no doubt if it got that far they would put a Barrister on this one.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin, I would think that they would settle before going that far as it may do them a lot of harm with the publicity and risking losing would open the doors for a lot more claims :)

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Well its one way of looking at it.

On the other hand,they monitor these forums,and know the power of CAG.

I t doesnt need any precedent to make them worried,a reported result from a CAG member has shown to be a big thorn in itself.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes a preliminary letter would be the first point of call-especially will be interesting to see how they respond.

The problem might be that they will see bank charges and immediately dismiss it-so I would advise against anything looking templated.

 

Can someone help me with the preliminary letter? Please.

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  • 3 weeks later...
Do have a link to "Article 6" so I can read it? I dont know what to look for.

 

Article 6;On pre written contract it can be that some terms in the contract does give an unfair balance to one party so are not therefore legally binding. A pre written contract with terms not individually negociated can give that unfair balance. It was entered into law in the UK under the UTTCC Act 1977............ If you put in the search from anything about the above paragraph you can probably see examples. Just looking at this act where I see examples of contract between business and affects all contracts. http://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977Look at tort, contract, UTTCC. Case law as in "like for like".

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Well heres an update

 

I sent HSBC Invoice Finance an email earlier this week saying that they had linked the 2 companies and one had paid the others debts etc and that I believe that they should refund me the money plus compensation.

 

I had a reply from DG Solicitors anting on their behalf.

 

They are saying they wont deal with me as I am no longer a director due to the company being liquidated and they will only deal with the liquidator.

 

They say the contracts are fine, they have done nothing wrong and that they will defend if I take it further.

 

It looks like they are trying to stop me taking things further by saying I have no rights.

 

What now?

Any thoughts?

I can post the letter if it helps.

 

Have any thoughts on what to do next?

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  • 5 months later...

posts from another thread merged here

so's it in one place for you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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id ping martin3030

or hit the triangle

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 years later...

Hi Zentrix

 

 

How did you get on with HSBC Factoring. I am still in the process of taking them to court/hearing. It will be interesting to find out your outcome. What they did to your mum and dad is disgusting and I know how you feel as the same happened to me.

 

 

Well heres an update

 

I sent HSBC Invoice Finance an email earlier this week saying that they had linked the 2 companies and one had paid the others debts etc and that I believe that they should refund me the money plus compensation.

 

I had a reply from DG Solicitors anting on their behalf. Basically they are saying they wont deal with me as I am no longer a director due to the company being liquidated and they will only deal with the liquidator. They say the contracts are fine, they have done nothing wrong and that they will defend if I take it further.

 

So, it looks like they are trying to stop me taking things further by saying I have no rights.

 

What now? Any thoughts?

I can post the letter if it helps.

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Just as an aside, DG solicitors were, as far as I recall not solicitors at all (see Wonga stuff) and were one of these so called solicitors who have been caught out as such, be interesting if DG actually took legal action as solicitors and what can be done about their legal action. This was just some in-house made up name....for all your issues I'd suggest that you check out exactly what these so called 'in-house' solicitors were legally able to do as there is a misrepresentation by the bank.

 

Check out what I say as I'm only picking up what I think I've read and can't substantiate what I am saying 100% and we wouldn't want you saying things that are not 100% true, but check it out on the Wonga threads because I think I may be right. Perhaps someone on here will do that for you if they have more experience than I.

 

A1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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