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    • I don't know much about this area of law but what you are saying about the continuation of a restored company makes perfect sense. I can scarcely imagine that it is any other way. How much money are we talking about here?
    • I'm having the same difficulty working out why @simeon1964 posted #32 without any explanation (again!) as to why it was posted.
    • as such there isnt one.  but that DN says 28 daya, should state a date in the format dd/mm/yyyy   and no IP address of signup PC either. lowells lose so many times on these issues 
    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
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Penalty charges - GE and sale to Engage


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Deep breath.....I had a mortgage brokerage business which has gone into liquidation. I have a mortgage with GE, payments 789 per month

 

I have been unable to pay since December due to business issues and no job....I am currently 10,500 in arrears. They have a suspended possession order from Novmber 2008, at which point the arrears were 5000

 

I now have full time employment and also, this month, I come off a horrendous fixed rate of 7.09, to a more manageable variable rate of 2.25%, making my payments circa 300 per month

 

I received a field visit and offered the new payment plus 100 per month by direct debit, and said I would pay more as and when my finances allowed.

 

I set up a direct debit with GE last thursday, and received confirmation by letter. Yesterday I rang them to confirm something, and was told they were cancelling the direct debit, and had applied to the court for an eviction date. I made them an offer of £800 per month, which they declined, and they said I had to find circa 7000 pounds upfront for an arrangement to even be considered. They also asked if I knew anyone who could lend me the lump sum, and declined to discuss the matter further.

 

My estranged wife and three children live in the house. She is suffering from depression and Bells Palsy, and is currently undergoing counseliing due to violent and horrific abuse suffered as a child. Repossession will kill her, and I begged GE to reconsider. They said because I had broken previous arrangements, they simply werent interested. I also pointed out the 25k of negative equity and asked them how they benefitted from putting my kids on the street, especially seeing as my payment is about to reduce by 60%

 

They told me no court hearing would take place, they would simply ask for a date for eviction, and a bailiff would hand deliver the letter confirming the date. he bluntly pointed out, when I offered to pay a payment by card there and then, that it would make little difference to the overall situation and I would probably be better keeping my money and contacting the local authority.

 

Any help with this would be most appreciated, I really am at the end of my tether with all of this

 

Thank you in advance

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Hi there, firstly I would advise you to write a letter to them detailing the arrangement you made with their agent and the direct debit set up/cancellation - your conversation with them etc. If they do issue an eviction warrant we can defend by applying to the court on an N244 form for a hearing to have eviction suspended - if you can prove you have new employment and can make the payments towards the arrears then you should be OK and a copy of the letter will help the case also. Let me know if you need help with the letter and I will draft one for you - it will have to be sent by special delivery given the urgency of the situation and also so you can prove they received it. You must keep a copy and also print off the signature receipt from royalmail website.

 

Do you have a recent statement for the account? No doubt the arrears figure they have quoted contains arrears charges so that is another item for the defence.

 

I can help you with the N244 if needed,

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Hi, the arrears charges are a further £3500.00.....I can sort the letter out, no problem, but would really appreciate help with the N244. Will update you, they have told me to expect a bailiff delivered letter in the next 2/3 weeks

 

Thanks so much :D

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OK, you need to get the letter off to them tomorrow if possible. As a final paragraph I would suggest " How you respond to this letter will, of course, be reported to the court in defence of any further action for possession".

 

Don't forget to keep a copy and send by recorded delivery.

 

If they do issue an eviction warrant we can deal with it.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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OK, I had a letter confirming change of solicitor from GE, with a court reference number on it. Can I pre-empt matters now I have those details? Waiting around for an eviction date is awful, its like the creeping death! Thanks

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Hi there, apologies for delay I have been busy with a project at work. Affixed is the letter - I've assumed the mortgage is in your name only? You need to enter the date the direct debit should have started in the first sentence of the third paragraph.

 

I have also affixed the budget sheet we use for you to complete as you will need to send one with the letter and it will also be needed if we have to enter an N244 should they issue an eviction warrant.

 

Keep a copy of the letter and budget sheet (again for the N244) and send by recorded delivery. Check on the royalmail website a few days after posting to print off the signature receipt and keep that safe with the copy letter.

 

Any questions, just shout.

Budget Sheet.xls

Recourse letter.doc

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi, yes you will need to enter an N244 at court to get a hearing to stop the eviction. If you can show the court you have the ability to make payments towards the arrears then you should get the eviction stopped. Have you checked on the royalmail website that they received your letter? you need to print off the signature receipt and keep it safe with your copy of the letter - we can use that in your N244 defence. If you need help with writing a defence statement for the N244 I can draft one for you.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 weeks later...

right, in court today at 3pm. Its very frightening knowing if the judge goes against me, i'm out in 3 days.....any advice? What can I expect? They have the hearing down foe 5 minutes....is that a good or bad thing?

 

thanks

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Hi, best of luck this afternoon. I would have thought that 5 mins is reasonable - I have been going through a complicated repossession hearing since last December and my hearings have been allocated 10 mins to include the complications. They'll look at the facts and make a decision. Having read your thread I'd be suprised if they did not suspend the eviction.

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Brilliant ! Well done :-)

  • Haha 1

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 2 years later...

I have a mortgage with the above mentioned shower.

 

I fell into arrears in 2007 and they obtained a suspended possession order.

 

On defaulting that, they got an eviction date in September 2010, which I successfully overturned,

and went on to make 30 payments, during which time GE capitalised my arrears.

 

I have fallen on hard times again and have a couple of questions.

 

The mortgage payment is circa £360 per month and I have arrears of £1288

 

They put an arrangement in place for August to pay £400, which I did.

 

I received a letter yesterday saying I had broken the arrangement and they required full payment of the outstanding arrears within 7 days.

 

I rang just and they said it was a computer generated letter which is meant to say I have no current arrangement. It doesn't say this at all.

 

I have spoken to three different people in July, August and Today at GE and got three different stories about how they operate re arrangements.

 

I wanted to pay £100 today and she refused until an arrangement is in place, and asked for income and expenditure details, which again, I have given them over and over again.

 

More worryingly, she referred back to 2007 and said that until an arrangement is in place, she can't guarantee there won't be action using the original SPO.

 

Can they still use that order?

 

Is there anything I can do to make these people pay for what is clearly a complete circus?

 

Thanks

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Have a look round the forum and search for others with a similar problem - in fact you can guarantee that any Thread with GE Money in the title in the Mortgage section is indeed a similar problem.

 

Meanwhile I will leave an S.O.S for those who will be able to help you further.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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have you ever sent GE an sar to get all statements?

 

al the penalty charges can be reclaimed

 

got any stupid insurances too?

 

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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http://www.consumeractiongroup.co.uk/forum/showthread.php?400503-GE-seeking-repossession-again&p=4339135#post4339135

 

You might want to have read of the thread linked above, I think it is a similar situation to yours :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

I have a mortgage with GE Money and fell into serious arrears in 2008, at which point they gained a Suspended Possession Order. Further problems led to an eviction date, which I successfully overturned with the help of the good people on this forum.

 

I paid almost three years without any problems, and then missed three payments, April, May, June of this year.

 

Payment is 358 per month

 

Their treatment of me has been nothing short of scandalous. Every adviser you speak to tells a different story. The first one in July told me I could not have an authorised arrangement unless I paid at least the contracted payment in one go.

 

Three weeks later, I spoke to someone else who said she was wrong and set an arrangement for me to pay £400 in August, which I did.

 

At the end of August, I got a letter saying I had broken the arrangement and they required full payment of the arrears within 7 days. When I rang and questioned this, I was told don't worry, its just the letter we send when an arrangement comes to an end.

 

I set up a new arrangement to pay £100 pw, with a first payment of £150. This arrangement lasted 10 weeks, and I met ever payment.

 

Halfway through this period, I got a quarterly mortgage statement, with a letter attached that basically ran through the entire process for repossession and advised me to contact the local authority about getting housed. One line at the end said if you're in an arrangement, please ignore this.

 

I rang last week to pay, and they said the arrangement had expired and I had to set up a new one. I told them nothing had changed and I would carry on paying £100 per week. Apparently this isn't good enough, and I have to go through the whole process of income and expenditure again. They also said that without an authorised arrangement, they would likely contact solicitors to seek an eviction date.

 

This in itself doesn't worry me. I stopped them three years ago having not made a payment in seven months. Since August I have paid these clowns £1,800.00

 

I'm just sick and tired of their scare tactics and bull****.

 

To cap it all, the Quarterly statement talks about over £4000 worth of charges that have been levied, of which I have paid £3700. Considering I'm £1100 in arrears, this is more than a little annoying. My wife also suffers from depression and is undergoing counselling having been abused as a child (they have evidence of this) and, had she opened any of their letters, she would have gone over the edge.

 

Any practical advice on how to deal with these insipid people would be greatly appreciated

 

Thank you

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  • 1 month later...

I am about to embark on reclaiming my charges from GE Money, and would appreciate a little assistance.

 

I have attached a quarterly update from them, which helpfully lists charges to date.

 

I have told them what I am planning to do when dealing with a separate complaint

and they sent me a statement of all charges.

 

the breakdown is as follows

 

Solicitor Legal Fees 885.99

Debt Couns Visit 88.13

DD recall chg x7 175.00

Default Notice charge (2) 65.00

Admin Fees 1280.00

 

TOTAL 2494.12

Interest 1257.17

 

TOTAL 3751.29

 

they say that £427.87 of these charges haven't been applied. Any ideas why this would be?

 

They consolidated the vast majority of my arrears back in 2010. Does this affect my claim in any way?

 

And of course, what is reclaimable and what isn't?

 

Thanks in advance

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As this previously been to court , the reason I ask is the solicitor charges they have applied
yes, suspended possession order in 2008, and they filed for eviction in 2010, which I took to court and overturned.
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Solicitor Legal Fees 885.99 - no

Debt Couns Visit 88.13- yes

DD recall chg x7 175.00- yes

Default Notice charge (2) 65.00 - yes

Admin Fees 1280.00 - what are these

CISheet v101.xls

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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