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screwfix/? claimform - pers guarantee - help

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Hi all.

 

I was running a limited company as a director until may last year when it all went wrong.

 

 

Most of my suppliers were paid except a couple, one of which was screwfix.

 

I have just had a letter from shoesmiths solicitors saying that I have a personal guarantee

and that they have gone to court to get a ccj on my personal name and file.

 

I have checked the paperwork and I am liable.

 

 

The only question is that if I offer a repayment offer and the accept this and I get a ccj.

 

 

Can they they push this straight to the high Court for a writ as the amount is approx £2200.

 

I am happy to pay the debt but don't want a hceo knocking on my door.

 

Look forward to any assistance.

 

Thanks

 

I just want to know that if I keep up the accepted repayments can they still transfer the ccj to the high courts.

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thread moved to the correct forum.

 

Have you actually been served a claim form yet?

 

Andy


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Hi

 

Yes have been served a claim form to My home address. I have filled it in accepting the debt and offering 50 a month. But what I don't want is for them to accept the offer and obtain a ccj then transfer it to a high court.

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if you allow them to get a ccj then yes they could

why admit it..see those other threads

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I have had a look at the threads and the arguments proposed but I didn't see any successful outcomes to the arguments. I couldn't afford to pay legal fees trying to fight it in court.

 

I did write to shoesmiths solicitors stating that I didn't fill in the application form as it was done in the screwfix branch by a chap at the counter and I was just asked to sign at the signature section.

 

 

I also stated that I wasn't told by the member of staff that I would be providing a personal guarantee if anything went wrong and that on looking at the application that I was sent in the court documents that it looked misleading.

 

 

The response from shoesmiths solicitors was that I am responsible for reading what I sign and that it's not misleading at all and that the wording is totally acceptable and legally binding.

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At a guessI would say they will go for a CCJ against you - £50pm will take best part of 4 years to clear. If your offer had been perhaps £250pm then they may have agreed. Getting a CCJ against you would safeguard any payments meaning if you fail to pay they can go straight for enforcement. I'm afraid you will have to wait & see what they do rather than speculate.


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Thank you.

 

On a slightly different note, can an existing ccj debt be included in a debt relief order at a later date if required.

 

Thanks

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fees for defending??

no such thing.

you've already paid the court costs on the claimform.

 

so give them a run for their money

 

that's letter from rectums is a std one

 

can you fill this in please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

have you sent the form back?

if not

 

why not defend all via mcol website?

cant hurt you

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I thought that if you admitted a debt in full on a claim, that the CCJ is registered within 30 days of doing this. The arrangement to pay £50 is just an agreement between parties to stop enforcement.

 

Please correct me.

 

I think with Screwfix they seem to get whoever sets up the trade account to sign the guarantee form to accept personal liability, without any explanation. I seemed to remember reading forum posts where the person signing just worked for the limited company and was not a director.


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I thought that if you admitted a debt in full on a claim, that the CCJ is registered within 30 days of doing this. The arrangement to pay £50 is just an agreement between parties to stop enforcement.

 

Please correct me.

 

.

 

Correct....Admittance and offer of payment can either be accepted with judgment or determination with judgment either way you will automatically get a CCJ...and yes you can include a judgment debt in a DRO

 

Regards

 

Andy


We could do with some help from you.

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I thought that if you admitted a debt in full on a claim, that the CCJ is registered within 30 days of doing this. The arrangement to pay £50 is just an agreement between parties to stop enforcement.

 

Please correct me.

 

I think with Screwfix they seem to get whoever sets up the trade account to sign the guarantee form to accept personal liability, without any explanation. I seemed to remember reading forum posts where the person signing just worked for the limited company and was not a director.

 

I have an account with screwfix and many other builders merchants

and they all request a personal guarantee to give you credit.

 

Can't really blame them considering how easy it is to fold a ltd company and set a new one on the same day.

Unfortunately your business didn't go accordingly to plans and imo the most honourable thing to do is to agree on a repayment plan and avoid the ccj.

 

See what you can offer beyond the £50/month.

 

I would send a revised offer to the solicitor and also the CEO explaining your hardship

and how a ccj would put you in a worse position that you are now.

 

Maybe the solicitor has been told not to accept anything below a certain amount per month,

but if your offer is close to that, the CEO might step in and accept.

 

After all, it won't look good in the eye of the judge if they decline a reasonable offer.

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