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    • Most of the answers here say that we wont be receiving a letter, however the security at Boots have a picture of our ID which has our address on it. Although they needed that to identify us, would they not send us a letter regarding a ban to our home?  
    • 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.    
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Cabot chasing an old SB EGG credit card debt


Tim-S
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I updated my new address on my credit file a few weeks back. A week or so later i receive a letter from Cabot chasing an old Egg CC that ive not heard from, and not paid since mid 2009. Does the credit file update that fast?

 

I forgot to reply and they sent another letter a week later. Ive fired off the SB letter as i'm virtually 100% sure no money was ever paid to it again.

 

I stopped paying it as Payplan said that i should stop paying it whilst i was with them as "you can't pay one credit card and not others". Surely thats not true?

Payplan wanted £80 a month minimum and theres no way i could of afforded that.

 

Just keeping you informed to what they come back with :boxing:

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I stopped paying it as Payplan said that i should stop paying it whilst i was with them as "you can't pay one credit card and not others". Surely thats not true?

Payplan wanted £80 a month minimum and theres no way i could of afforded that.

 

 

So you had several debts but were only intending to pay the one credit card, is that correct ?

 

If so, then I would say PP probably gave you the right advice. Debt mangement is all about sharing any disposable income between ALL of your unsecured creditors. I am quite surprised they didnt advise you to offer £1.00 token payments that would keep the debts live and remove any chance of SB, that is what they usually do.

 

When exactly did you cease payments to the debt and was the account officially defaulted and when ?

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Uploading documents to CAG ** Instructions **

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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

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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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So you had several debts but were only intending to pay the one credit card, is that correct ?

 

If so, then I would say PP probably gave you the right advice. Debt mangement is all about sharing any disposable income between ALL of your unsecured creditors. I am quite surprised they didnt advise you to offer £1.00 token payments that would keep the debts live and remove any chance of SB, that is what they usually do.

 

When exactly did you cease payments to the debt and was the account officially defaulted and when ?

Yes that is correct, but that long ago i had no idea of anything like that. Prior to that i was with a debt management company that was charging me 25%, once again i had no idea whatsoever.

I ceased payments around April 09 and it was defaulted in September 09.

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Yes that is correct, but that long ago i had no idea of anything like that. Prior to that i was with a debt management company that was charging me 25%, once again i had no idea whatsoever.

I ceased payments around April 09 and it was defaulted in September 09.

 

In which case it would have become statute barred in September of 2015.

 

See what they come back with in response to your SB letter. Please let us know if they do.

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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  • 3 months later...

I too have today received a 'nice' letter entitled "Lets work together" requesting I contact them regarding my Marlin Capital, formally Barclaycard, formally Egg credit card balance.

 

This was defaulted in march 2009 and is statute barred and has been for over a year. They really are desperate to attempt to collect such old debts. Needless to say I will be sending them a SB letter.

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