Jump to content


  • Tweets

  • Posts

    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Screwfix/shoesmiths claimform - business debt covered by a pers guarantee


paulo1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2921 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi There,

 

recently I had a business which is now being liquidated, no stock, no cash etc, nothing left.

 

I signed a form as a credit application as director when obtaining some goods from screwfix.

 

I have just got a claimform in the post claiming the money, and claiming that I signed a personal guarantee,

this credit application also had my business address and accountants addres, not my home address.

 

My accountant has forwarded this to me, who I also no longer deal with.

 

so should i just ignore this Court form?

 

1, it's not a personal guarantee

2, they don't have my correct address

 

what would happen if i ignore this?

 

any help would be much appreciated.

Link to post
Share on other sites

  • Replies 64
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Do not ignore the court claim form

 

Acknowledge that you are defending in full

 

Respond with the CPR 31.14 Request with a copy of any signed personal Guarantee from them

 

Screwfix will not allow trade goods to be released to a Ltd company without a Personal guarantee

 

A chap i know was made Bankrupt because of screwfix when his business went tits up

Link to post
Share on other sites

Hi Obiter Dictum,

 

I thought a personal guarantee is a seperate contract?

this was just a credit application form stating this - f

I, the director, agree to guarantee performance of all the company's current

and future financial obligations to Trade UK including any subsequent increase/s in credit limit.

 

surely that's not a personal guarantee!!

 

plus they don't have my address, only my account's address, so how can this be linked to me?

 

thanks

 

Paul

Link to post
Share on other sites

Yes a personal Guarantee is a seperate signed contract but what you signed looks very much like a personal Guarantee but you will need to confirm that. I am not qualified to make that decision

 

That is why you request a copy.

 

Without it they have no case as you were a LTD trading company (Please confirm)

Link to post
Share on other sites

I have read this before, that some trade outlets get a personal guarantee signed, so they can still get their money, even if the Ltd company is closed with no assets. Therefore once you see this guarantee, i suspect you may find that you have no option but to come to some payment arrangement.

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Thread moved to General Legal Issues

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Name of the Claimant ? - screwfix.

 

Date of issue – - 02nd Nov 2015

 

What is the claim for –

 

No Particulars of claim posted

 

What is the value of the claim? - £2129.07

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - no

 

When did you enter into the original agreement before or after 2007? - after

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - yes and by the solicitor shoesmiths llp

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - unsure

 

Did you receive a Default Notice from the original creditor? - no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - no

 

Why did you cease payments? - may 2015

 

What was the date of your last payment? may 2015

 

Was there a dispute with the original creditor that remains unresolved? ??

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? - no

Link to post
Share on other sites

is this a debt buyer or screwfix that are the claimant that is important.

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... 

Link to post
Share on other sites

It is a PG. When you signed in capacity for ltd you also signed to indemnify personally. I did the same for and on behalf of my employer - I sign contracts under proxy.

 

Its in the small print above SIG box.

 

Seems to be common practice with trade accounts, to limit their potential losses in the event oif Ltd company insolvency. A very sharp practise.

 

Pretty sure there is a case of a secretary (13k pa) signing one and now having a co on her house.

 

Once you get the paperwork, try to negotiate a Tomlin if all else fails. If circumstance dictate I would go personally bankrupt to screw them over, then they would be in a fix.

Link to post
Share on other sites

still unsure about it being a PG, i read a case where a judge threw it out as he did not see it fit to be a PG.

 

can anyone advise me how i reply on this? do i send the CPR31.14 form to the solicitors? how do i inform the court about this?

 

any advise welcome.

 

thanks

Link to post
Share on other sites

Ask Shoosmiths for a copy of the PG.

You could phone them to see if they have a copy and ask them to send it.

If necessary send Shoosmiths a 31.14 letter asking for it.

 

If you want to defend the claim,

acknowledge it online saying you will defend in full.

 

 

Then wait to see tbe PG and based on what it says decide how to proceed.

 

 

It might help you when drafting your defence.

 

 

If the PG confirms you are liable then you can sort out a payment arrangement with Shoosmiths with a Tomlin which they would write and therefore avoid a CCJ.

 

You can only know how you can proceed, if you see the PG which you are supposed to have signed.

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

Link to post
Share on other sites

  • 2 weeks later...

Phone Shoosmiths chasing up the PG, as they should have it or can get a copy quickly.

 

If they don't supply it by the defence due date, you will have to do a holding defence saying that you dispute liability, as no evidence of any PG has been provided.

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

Link to post
Share on other sites

pers I question the wisdom of phoning the sols or the claimant

they have your 31;14

 

 

and you specifically mentioned sight of the PG in that?

 

 

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... 

Link to post
Share on other sites

I had a feeling the OP preferred to deal with this at the earliest opportunity rather than let it drag on and into court, if it got that far.

 

The OP does not currently know whether they are personally liable for this debt, as they don't have a copy of the PG.

 

They could simply just enter a holding defence by the relevant date and it would be up to Shoosmiths to prove their case.

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

Link to post
Share on other sites

Hi Obiter Dictum,

 

I thought a personal guarantee is a seperate contract?

this was just a credit application form stating this - f

I, the director, agree to guarantee performance of all the company's current

and future financial obligations to Trade UK including any subsequent increase/s in credit limit.

 

surely that's not a personal guarantee!!

 

plus they don't have my address, only my account's address, so how can this be linked to me?

 

thanks

 

Paul

 

Did the Claimant send this credit application along with the Claim Form?

 

If so what exact are you asking Shoesmiths for now?

Link to post
Share on other sites

Paul if you could provide their particulars of claim verbatim...(less any identifiable information) it would assist all advising...otherwise it will be assumption and guess work.

 

Regards

 

Andyorch

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

sure, below is how it's worded:

 

the claimants claim is for monies due from the defendant based upon a personal guarantee dated ...... signed by .........

.Wherein the defendant promised to pay the claimant all monies due to the claimant from the company, should the company default in their payment.

 

 

The company named in the agreement has now defaulted and have not paid the claimant,

and now the claimant seeks to invoke its agreement and seeks payment from the defendant.

the defendant has been provided with a copy of the said guarantee.

 

 

AND the claimant claims the sum of ....... TOGETHER with interest pursuant to section 69 of the county courts act 1984 from .......... to ...........

at 8% per annum being .......... and further interest on daily basis until the date of payment or request for judgement at the rate

stated for the principal sum the daily rate being ......

 

 

. Claimant has complied, as far as is necessary, with the Pr-Action conduct practice direction. costs ........

Edited by Andyorch
Hi light
Link to post
Share on other sites

Excellent ...interesting to see they purely rely on the PG as the basis of their claim...so you need disclosure to see if its legally valid.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

There is a chance Screwfix may not have a copy of the PG and if this was defended all the way, asking them to prove there was a PG, then the OP may avoid this debt, as not proved to be theirs.

 

In the absence of finding the PG, Would Shoosmiths try it on with witness statements saying that PG's are always obtained and it is very unlikely the account would have been accepted without it ?

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...