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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
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Advice on commercial debt please


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Hi any advice appreciated here,

 

last year my partner who is self employed became very quiet

 

went folded his buisness and went into buisness with some builder friends

 

they were equal he was a director,

 

things went bad and he wasn't getting paid

 

he decided to leave

 

he did it properly and notified the right people that he was no longer a director (companies house and got a p45)

 

he since went to being self employed again.

 

When he worked for them a merchant PTS used to give them materials on a 30 day ticket

and they would pay it once the customer had paid

 

well today my partner received a letter from spratt endicott soliciors saying PTS were taking him to court if he didn't pay £547 in 7 days

my partner just pays for what he needs up front now so there is no way this is his!

 

This is from the buisness that he left and they are refusing to pay it

 

now PTS are taking my parnter to court.

 

Can they do this!?

 

There wasn't even a signed agreement to say they could have a 30 day ticket for goods

 

can you send a cca request for a commercial debt?

 

He carnt afford to pay this debt

 

his buisness is quiet and why should he,

he left the other company propery this is there debt not his.

 

What do I do?

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Is the building company still in business???

As he has it seems properly ended his connection

with the company I think he should just inform the

merchant that he has no liability for the debt.

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Yes buiding company are still in buisness and the merchant know its them cos my partner still buys from there just up front! They have been chasing the builder with no success so have now turned on my partner!!

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Not his problem he should send the merchant a written

notice of disassociation and deny all liability.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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bet the letter says if.might.may.could

 

nor WILL

 

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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I don't think there's a template as CAG is primarily aimed at consumers, but you could try something like:

 

Dear Sirs

 

Re: Merchant name

 

I refer to your letter dated xxxxxx, the content of which is noted.

 

My association with (name of building co.) ended on (date), when I resigned as a director. This can be checked with Companies House upon payment of their usual fee. I have had no further involvement whatsoever with the company since then.

 

It is therefore denied that I am indebted to your client for the sum claimed, or at all.

 

Yours faithfully

 

 

Just be absolutely sure that your OH didn't sign any paperwork when the account was opened that included personal liability in the small print, although I suspect that a solicitor would mention it at the outset since it would form the basis of the claim.

 

It does rather sound as if the sols know they are unlikely to recover anything from the company, and are trying for an easy win.

 

Please do come back an update us - it's always useful for someone else!

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Ok, no template for this so I'll draft a letter for him now.

 

To Whom it May Concern

With reference to the debt you allege is owed by me for

goods supplied to xxxxxx xxxxx Please take note my

association with xxxxxxxx ended on xxxxx xxx at which

time I notified Companies House that I had ceased to

be a director and had ended any involvement with xxxx

from that date.

Therefore I do not acknowledge any debt to your client,

and have no personal liability for any debts of xxxxxxx.

I also have no knowledge of any written agreement between

xxxxx and your client.

Sign date and send recoreded delivery and copy to the ''building CO.''

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Yes to both by recorded delivery so you can check delivery.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Where did this advice come from, I

cannot see any reason that he has

liability since he properly resigned

from the company and his liability ceased.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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well he rang the solicitor and they said he has to pay it and they are persuing it thru the court they said they have his signiture on the delivery notice and thats enough for them they said its classed as stealing its like going into tesco getting your shopping and coming out without paying for it there was no credit account it was just the manager had agreed to let them take goods and pay in 30 days. He also rang a independent solicitor for advice and they said the same that he would have to pay it and take the small building firm to a small claims court.

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A director of a Ltd. company surely cannot be held

liable for a debt ( evidence of which is a ''signed delivery note made out to the company)

after the director has properly and lawfully resigned and removed himself from

the directorship.

Is this not what limited liability is all about, the debt is owed by the ''company''

which exists as a seperate entity.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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