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    • By the way, please will you send a subject access request to Halfords and make sure you asked them for call recordings as well as any of the details that you input in respect to your tyre order and any other personal data which they hold on you in any form. Get this letter off to them by email tomorrow and confirm in writing.   I suggest that you send the letter for the attention of Andrea Botha | Executive Contact Manager who will be aware of this situation.   https://uk.linkedin.com/in/andrea-botha-96b565143   I've written to her again and suggested that maybe she doublecheck the situation because of my understanding what you say is correct, then I think that she must badly have misunderstood the circumstances of this. Once again, I understand that you input the details of a Kia and Halfords recommended tyres fit for a BMW. They only informed you of this error after the tyre fitting had been booked. Your initial contact with Halfords after this resulted in a promise to reimburse you and it was only a subsequent contact with another customer services person that they renege on the promise. Is that correct?
    • We ended up with years of Thatcherism last time Labour went off the rails Loony Left - and Foot was nowhere near as loony as Corbyn lunacy   Thanks God the Libdems are better positioned today.   Looooooonnnnggg Past time some of the major unions and sane MP's split. They are almost certain to lose their seats and the country anyway, and union power will be trashed even further under the Johnson/ERG deregulation plans. and Corbyn will still not resign ...
    • Okay. We are very happy to help you get your money back. If you have the evidence that I have indicated then there is absolutely no problem and frankly I don't know why Halfords seems to be prepared to cause such a fuss to deny you your consumer rights and to save her company 40 quid – simply on a callout fee.  Now that I've called their attention to this thread I expect that they they will be following it. If you are prepared to issue a small claim then we will help you all the way including helping you draft your documents. Halfords will be crazy to allow this to continue – but if they decide to get personal about it then they will see you in court but the chances of them winning are negligible. It's up to you. Bringing a small claim is very easy. Your risk would be the claim fee which in this case would be £25, I think and then if they push it to a hearing about a hundred quid which when you win – if you win – you will get back. Of course we will publish the result here and show Halfords up as we have done before. It's amazing to have to go to this kind of trouble.   Once again, I just want to confirm that your case will be that you inputted all the correct details into their website and Halfords returned a particular specification to you which was incorrect. Effectively this means that they are in breach of their contractual duty to supply goods which are fit for their purpose. However, have you checked elsewhere in fact Halfords are correct and that the tyres are not fit for your vehicle. It occurs to me that maybe Halfords have told you that they're not fit for your vehicle when in fact they are. This would also put Halfords in breach but in a rather different way.  
    • @dx100uk Well my pro-rata offer is minus at the moment lol so I will look to modify it and offer the £1 token payment. Is that the right move? At the end of the day both they and I know that you can't get blood out of a stone and I am a stone currently   Thanks again sir
    • Hi, yes this is the same sort of response I keep getting about this. Yes so it asked for the registration number of the car, and this was inputted correctly. It’s then “found” the brand and type of car “Kia carens 1.6” etc and then came up with the “Recommended” list we then selected the tyres from. I have checked it since we bought them and the same tyre still comes up. In response to the lady above where we “assumed” we did assume the tyres would be correct in the list so didn’t see any need to ring to confirm if you see what I mean. We did try ringing the company but they were unwilling to provide information of supervisor. It seems like the company isn’t going to do anything about this.. 😕
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Golf123

Personal Guarantee "Travis Perkins" - now being called upon

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I said in previous posts that you would probably struggle on this one as it is one of the newer account application forms that you signed that clearly says "Credit Guarantee". The main thrust of the arguement is not misrepresentation but that you signed in as a consumer and not in a business capacity. You need to go back at them with that re-stating the case law I mentioned previously

 

 

You then need to reiterate the reasonable test

 

 

As stated initially I always thought you'd struggle with this one but keep going back to them and offer a bit more.

 

TODDLE2U ;

are you still active on this forum and can you assist me with a pernsoal guarantee which has now been called upon from Travis Perkins.

 

 

A lot of what's been said is similar to my situation.

 

 

Credit application forms were signed in 2014,

and like other we didn't know what we were signing for and a quick signature was given after form completed by office staff.

 

 

There is no mention to seek independent legal advice on the form,

should this be stated clearly?

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Dear all,

 

I am new to CAG.

I came across this site through a Google search "Travis Perkins Personal Guarantee" and have been reading some very useful information, however I fear as these posts were many years ago help may not be possible.

 

Travis Perkins is now calling upon a signed personal guarantee which was signed in 2014.

Both I and my partner did not understand what we were signing for

(as others confessed secretary completed the form and we signed as normal,

thinking our Ltd status would cover us in default).

We went into liquidation last year and the current state of affairs is as follows;

 

Debt being chased jointly and severely is circa £23,500;

we are past the 28 day writ period to reply to court to defend or time to pay.

We wait to see if they are taking a decree.

 

 

My partner has made no attempt to co-operate as he rents a house and I have made several final settlement offers through my lawyer whom they have rejected, I cannot afford to offer anymore.

 

 

The offers were based on a loan from family as I also am currently unemployed.

 

I wish I had come across this site sooner

as I believe I could defend this as others have done.

 

 

I am not sure if the time to defend has now passed as we didn't reply to court after the writ?

 

 

Any thoughts on this?

My lawyer doesn’t think I have a defence hence not replying to court.

Do I need another lawyer?

 

I am being single targeted here and need help putting something to Travis Perkins that would be accepted prior to any bankruptcy proceedings.

 

Form Reads as follows;

 

HEADER: CREDIT ACCOUNT APPLICATION

 

SUB SECTION WITHIN FORM:

PERSONAL CREDIT GUARANTEE to be completed by director(s) of a limited company/members of LLP

 

In consideration of your agreement to supply goods on credit to the Company described above applying for credit herein ('the company')

I/We the undersigned being Director(s)/member(s) of the Company/LLP hereby unconditionally and personal, jointly and severely guarantee payment of all monies due and owing by the Company to Travis Perkins Trading Company Limited, its subsidiaries and successors, including all monies due and owing by reason of any increase in the credit limit granted by Travis Perkins Trading Company Limited from time to time following review of the company's credit account and note the additional terms below,

 

For any personal credit guarantee

(1) any credit limit on a credit account being the initial credit limit, which would be subject to increase; and

(2) if the credit amount is increased, it will be covered by the personal guarantee and notice of increase to the customer is deemed to be notice to the Personal Guarantor and if the customer uses the increased credit limit, then this is deemed consent be the Personal Guarantor to the increase in credit limit.

 

In my defence

I signed the form in the capacity of the co director and not personally.

Also the credit limit could have been increased by my co director or secretary or even Travis Perkins themselves.

I therefore am being personally held liable for this.

 

 

I asked Travis to send me written proof of the increased credit limit being requested by us and they have 1 e mail which I agreed to have it increased to £10k but nothing further on this.

 

 

I stated to them that surely if you are increasing the limits I should have received a letter personal addressed to me to state this and sent to my home address, they replied with a copy of the letters they sent to my work address for the attention of directors and the company name. These were not seen by me.

 

Can someone help with what my move should be?

 

 

Toddle2u are you still active on this site?

Any help please, very much appreciated

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Thread moved to General Legal Issues...please continue to post here to your thread Golf123.

 

Regards

 

Andy


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do I understand you are in Scotland and this is a decree they already have?


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do I understand you are in Scotland and this is a decree they already have?

 

No decree at this stage, in Scotland yes

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what have you received from the court [the form please] summary claim?

who is the pursuer

and whats the return and hearing dates.


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The court paper work is the initial writ pursued by Travis Perkins, the return date has passed to defend or ask for "time to pay order"

 

DX100uk can you let me know what angle you are possibly thinking?

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well you say theres no decree

i'm try rto find out what cause [writ] you have received.

 

 

need dates

and what you did or did not doo

 

 

so get telling us.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Sorry my law understanding isn't great.

 

 

The "writ" as I am calling it is Form 5 "citation where time to pay direction or time order may be applied" accompanied with form 03 "time to pay" and form 07 "intention to defend".

 

Reply date was end of January and i did not reply at all, as advised by my lawyer.

 

 

He said I had no defence, nor did I want a time to pay.

 

 

I had offered all I could in final settlement therefor the next move has to be made by travis Perkins in his opinion as they have rejected all my offers and frustratingly not came back with any counter offer.

 

 

They have simply rejected the offers.

 

Can you help me?

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sorry your sols wants shooting

 

have you been served with a copy of the agreement and the signed PG?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325859-Personal-Guarantee-Validity&p=3608380#post3608380


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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

 

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Hi, Yes I was served copies of these at the Start of January with the court citation and given 21 days to respond.

 

I see from Toddle2U 's help on other threads stating "acting as a consumer" as the director of a company and not an individual to which Travis Perkins dismissed this by saying it was a business to business agreement. The court citation paper work Form 03 states your the time to pay is allowed under the consumer credit act 1974.

 

Does anyone recommend a good lawyer I could contact to act on my behalf and get closure to this please?

 

DX100UK, should I defend this and refuse to pay anything or stick with my current offer?

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no we don't nor can recommend anyone

 

however

have you not contacted Govan Law Centre?

 

it cant be B2B IF its regulated by the CCA

so they are spinning you a yarn there.?

 

and that IMHO is your defence and you should get something in about it.

 

you IMHO are sadly being had.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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can you scan up the agreement and the PG please

 

 

to ONE multipage PDF

follow the upload


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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How much was the initial credit limit that you agreed to Golf ?


We could do with some help from you.

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

 

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How much was the initial credit limit that you agreed to Golf ?

 

It was for £5k

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Did you agree to further credit limit increases ? If not then your Liability is for only 5K.

 

In your upload...the terms & conditions refer to hiring equipment..they are not connected to your application.

 

There should be a further section on the back of the contract which is a 'status enquiry: continuing specific authority' which should to be forwarded to your bank.

 

This is an instruction to the bank to provide Travis Perkins with a reference on request.

 

In the part which asked the bank for 'your trustworthiness of business to the extent of £..........

 

If you personally only put in the amount of £5k and its not been updated or agreed by your bank or yourself then your liability is still £5K

 

 

Screwfix Direct operate a very similar application/PG/ system...and its been found to be legally invalid many times and we have had success in defending their claims in the past.

 

Regards

 

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 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

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http://www.consumeractiongroup.co.uk/forum/showthread.php?319881-Personal-Guarantee-Problem&p=4033712#post4033712

 

sorry been busy

 

more to follow.

 

I've done a lot of work on the forum to highlight relevant threads now.

and they now have travis perkins in the title so are searchable.

 

andy has pointed to the bottom line

 

there is also much reliance upon when you signed the 'agreement' or PG...it's age

 

and who did it for you before you signed it.. like you have outlined

and what was explained to you by TP before you signed it...

 

IMHO I would offer a short settlement.

 

£5k appears to be your actual liability, start at £1k

 

MOST claims here that were defended by the OP got a settlement of less than 20% without prejudice.

 

its telling that the best authority was TODDLE2U ;

whom you tagged at the start if this thread.

 

they actually have no thread

I'm gonna rectify that over the next few days.

 

i'm sure andy will echo...

 

it might pay you to ring them DIRECTLY and offer a sum to settle it [£1500??]

just musing....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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What happened with your case please? I am having the same thing happen to me now and its awful! I had no idea what I'd signed.

Edited by Andyorch
edited

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What happened with your case please? I am having the same thing happen to me now and its awful! I had no idea what I'd signed

 

Why would you sign anything that you “had no idea what I’d signed” / no idea what you were signing?

Edited by Andyorch
edited quote

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The same thing has happened to me to. I owe £20k. But never agreed to my credit limit being increased and staff purchasing without my authority. It wasn’t even pointed out I was signing a PA. I stupidly thought I was signing on behalf of my Ltd company.

 

They are threatening personal bankruptcy. Even though I have 0 equity in my house. They are bullies. They had me tears on the phone. They are rude, aggressive, threatening and do not support small businesses in any way. I spent a fortune with them over the years and they end up treating me like I want to be in this position, it’s my fault. They should not be allowed to conduct a business in this way.

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might be best to start a new thread

 

stop talking on the phone!!

WRITING ONLY.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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