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    • I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.
    • Hey all done a lot of forum searching etc and im trying to get all my documents in order to send off the n244 set aside ccj form,.  So far.....i have done the below but feel like im not doing it right?   In the County Court at Stockport Claim No:    LOWELL SOLICITORS Claimant And   MR  Defendant   Witness statement 1.    I understand that the Claimant obtained a Default Judgement against me as the Defendant in JUNE 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until September 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an old address 15 Armadale Close. However, I moved to a new address in September 2011 and I moved from 15 Armadale close in 2008. In support of this I can provide confirmation from Stockport County Council showing my updated details for the purposes of paying Council tax. 2.    I requested a sar from Lowell solicitors which shows them contacting me at my current address and not needing to contact an address where I never took credit or moved form 11 years ago. 3.     It is denied that the Defendant owes the Claimant £3154.09 as stated in their particulars of on the 15/05/2019 4.    I have never received agreement & default notice from Lowell solicitors ltd. 5.     On the 12/11/2019 I sent a formal request for a copy of the original agreement to Lowell Suitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 6.    I request the court orders the Claimants to provide the necessary documentation for me to fully plead my case else the Claim should stand struck out. 7.    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment. Statement of Truth The contents of my statement are true to the best of my knowledge and belief Signed:  Dated: 12/11/2019     also     IN THE STOCKPORT COUNTY COURT Claim No. F1HK1E62 BETWEEN: LOWELL SOLICITORS Claimant – and – Defendant   _________________________________ DRAFT ORDER _________________________________   Upon reading the defendant’s application dated 15th May 2019 It is ordered that: 1. The judgment dated 18/06/2019 be set aside. 2. The Defendant has filed a witness statement enclosed with application 3. The Claimant do pay the Defendant’s costs of this application to the sum of £255 4. The Claimant has permission to file and serve a reply if so required.          
    • Have a look at FOS on trustpillooot someone has just made a nice post about 4 hours ago:)
    • I believe they said they have ceased trading but the company itself is still active. I contacted companies House and also the insolvency register. I believe they have lied to get us off their tracks. Emc were previously Surrey First Cars. I have been doing a lot of investigating lately. I also know as of 9th October a new company has been registered for car sales at the EMC premises. However, as I mentioned chobham motors is still trading which is owned by Crown motor.    Edit- just found my agreement with wmsgroup for third party insurance. The dealer name on it actually says EMC CAR SALES/COBHAM CENTRAL GARAGE   
    • I don't know your circumstances, but I predict they will tell you its not mis-sold and encourage you to take it to the FOS knowing full well they have a cosy relationship with the financial institutions.
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kevp73

Personal Guarantee on Ltd Company overdraft

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Morning folks after doing loads of reading here , I am really hoping a few of the kind folks on here may be able to give me some advice on the situation that I am in at the moment or at least some guidance on the route I should take. In a nut shell our limited company took up an overdraft in 2006 for 20k from HSBC with two directors giving personal guarantees with me being one of them, over the last 3 years things got progressively worse and I sunk more money, time and all for much reduced salary in the hope things would improve but eventually in September we decided enough was enough and it went into liquidation. I have always known about the PG and finally a letter of demand came through asking me to contact the bank with repayment proposals.

 

It has been an incredibly tough time living on practically nothing, searching for new work and staying with friends as I no longer could afford to rent any longer. I have managed to get some part time work which is allowing me to just meet payments on my personal loan and credit card (£13900 and £9600 both with HSBC) . I have no assets or home that could be of any use although some friends have offered to loan me a small amount if I really need it but would rather not.

 

My questions are this, any further increase on the current amounts that i have will just be impossible to meet, so if i can scrape together a small amount can I make an offer to pay a lump sum as a settlement even though it may not be much ? What is the process of negotiation from here on, do I make contact early or will I have to wait for it to go to the collections team ? Will I be forced into paying an amount for the next 27 years or some ridiculously long time with a review every year ? Do I have the option to use the IVA route or maybe bankruptcy if it comes down to it ? Many thanks for any help or advice you folks maybe able to give me.

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Hi Kevp and welcome to CAG

 

I would advocate early negotiations before collection and any intended litigation...vital that you retain a paper trail of all your correspondence.

 

Useful Information :- http://www.bdl.org.uk/images/10_EW_BDL_Limited%20Companies.pdf

 

Regards

 

Andy


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Thanks Andy for the info, my PG is definitely unsecured as per page one of the info on your link, will write today to Bank stating all that I owe interms of loans, cc etc, my current situation and possible settlement offer, I will aim the offer below what I can afford as I think they will most probably reject the first one and at least there is room for movement. Will post back as things move forward.

Is there a thread / group for those putting Ltd companies into Voluntary liquidation, I have just been through it and might be good if I can help others as it was stressful but outcome was good.

Thanks

Kevin

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No Kevin we tend to deal with them here in Legal.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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