Shelty vs NW Business A/C

[Shelty]

Cheque recieved this morning in full settlement So, off I go to my local Nat West to pay it in, and the branch refuses to accept it !! :-x

 

It was made out to "Shelty t/a ABC a/c no' xyz". Only problem is, I no longer trade as ABC ,and a/c xyz is a closed a/c, so they wouldn't take it !!

 

I'd told Cobbetts this a month ago, and yet they ignored or overlooked the info', so I've faxed them telling them what's happened, and they need to get another cheque raised pronto. Original cheque to be sent back to them (recorded delivery of course!!), along with a copy of the fax, and the letter which had told them it was a closed a/c.

[innocent]

BIG CONGRATULATIONS!!!!!

 

for the settlement........

 

DUH! Cobblers!!!!

 

 

Can I ask you? I used to have a "innocent limited" company; since dissolved....

 

So what would your advice be when I eventually win?? A cheque to a company that is no longer around but I was the 100% shareholder in would be no use?? Would it??

 

Were cobblers "understanding"???

 

Regards and well done

 

Innocent

[Shelty]

Hi Innocent & thanks for the Congrtats ! As for Cobblers....no idea if they're understanding yet, but the if they delay too long in the replacement cheque I'm sure the Court would love to know about it !!

 

As for your question, I suggest that you put in writing to them, well in advance, that any payout is to be made payable to you and not to the company as it's a closed a/c etc etc. Tell them to cheque (excuse the pun !!!) their records on recent transactions etc as proof that it's a closed a/c.

I did that & they ignored it, but if you don't tell them in advance and then have to go back to them you've got nothing to cover yourself with at a later date when they (potentially) ignore the info'.

 

Good luck !

[Guest NATTIE]

Shelty, you do need to ask cobbetts to resend the cheque in your name alone if that is the case. I assume you have not discontinued your claim as yet. I see the first bit you have done already

[innocent]

Cheers Shelty...

 

Thanks for the good advice.....

 

As for courts being understanding.... I went to court for the first time TODAY (innocent vs Barclaycard). They settled on friday but because the cheque etc has not arrived yet I went to court....... a little nervous of course... no need....... the district judge was fantastic.... helping with advice and everything.....

 

 

Anyway... keep us (and the court) updated

 

 

Innocent

[Shelty]

cheque recieved & banked all ok .....Another Shelty Win !!

[andrew1]

Cheque recieved this morning in full settlement So, off I go to my local Nat West to pay it in, and the branch refuses to accept it !! :-x

 

It was made out to "Shelty t/a ABC a/c no' xyz". Only problem is, I no longer trade as ABC ,and a/c xyz is a closed a/c, so they wouldn't take it !!

 

I'd told Cobbetts this a month ago, and yet they ignored or overlooked the info', so I've faxed them telling them what's happened, and they need to get another cheque raised pronto. Original cheque to be sent back to them (recorded delivery of course!!), along with a copy of the fax, and the letter which had told them it was a closed a/c.

 

 

 

Shelty, I congratulate you, but could I ask you a question, PM me if you want to keep it off forum. Your business account, you say you are no longer trading as ABC and its a closed account.. can you explain this set - up as I am trying to reclaim for a mate who has dissolved ( not liquidated) his Ltd company but paid horrendous charges during its' lifetime. If he were to reclaim and the bank made the cheque out to the company he'd actually have no bank account either. He guaranteed the Overdraft and repaid the bank so he could, I believe justify his actions. Be interesting to hear what you did given your circumstances if you can..

[Shelty]

Hi Andrew, we had a small business, which we sold 4 years ago. We paid everyone, including the small business loan back, so the only people that lost out were us! In the same way as my personal a/c's got there refunds of charges, NW made offers during the course of the process, and during one of my "thanks but no thanks" letters I highlighted that it was a closed ac I was claiming for and any refund should be payable to me & not the business a/c, and suggested that NW might like to check their records to clarify that this was a closed a/c!! (I also sent a copy of that letter to the court for their records). So, when the wrong cheque arrived, I sent it straight back & they didn't argue, in fact the interest kept mounting for another 10 days until the correct cheque arrived. There's nothing to different in the whole process from personal to c/a's, apart from POC when you get to MCOL as it's not consumer law, but I would suggest that if any settlement is to be made out to a different name than the business a/c was, then you should tell them in advance. Good luck !

[andrew1]

Would that have been a Limited company Shelty - I don't actually suppose it makes a lot of difference though if it was a sole director Ltd co as he put the monies in and paid off the O/D.

[innocent]

BIG CONGRATULATIONS!!!!!

 

Well done (again) Shelty.....

 

In a similar situation to Andrew I think, in that I was the 100% owner of a now closed limited company and want to reclaim charges (and possible interest on a business loan that I took out to pay for the charges)....

 

....having asked a similar question around this site before, there seems to be little problem in eventually getting the cheque addressed to "a person"

 

 

Anyway...... for now, Shelty "well done"

 

Innocent

[Guest NATTIE]

congratulations shelty!!

[andrew1]

BIG CONGRATULATIONS!!!!!

 

Well done (again) Shelty.....

 

In a similar situation to Andrew I think, in that I was the 100% owner of a now closed limited company and want to reclaim charges (and possible interest on a business loan that I took out to pay for the charges)....

 

....having asked a similar question around this site before, there seems to be little problem in eventually getting the cheque addressed to "a person"

 

 

Anyway...... for now, Shelty "well done"

 

Innocent

 

 

 

I have a thread on this where Humbleman begs to differ http://www.consumeractiongroup.co.uk/forum/general/70942-business-account-dissolved-company.html

 

Collective thoughts on this most useful thanks...

[Shelty]

Hi all, mine was a partnership, not a ltd company.....but surely the principal's the same ?

[c_allen]

well done shelty:D just starting my business claim against these to**ers, just hope i win faster that they sent me my statements, would you beleive it took 9 MONTHS:mad: