MKDP Notice of intended Legal Action for business MBNA credit card debt

[melson]

This is a bit complicated so please bear with me whilst I explain.

 

The company I was a director of was dissolved by company house back in 2009.

The accountant suggested that it would be cheaper to let company house dissolve the business rather than file for insolvency

because the company had no assets as we all worked from our own homes using our own private computers etc.

 

The reason why we wanted to wind down the company was because we had set up a charity to take over the consulting side of it which we could no longer run as was.

The company had a credit card debt which was subsequently sold to MKDP.

 

We became trustees of the charity and the said charity made an arrangement with the credit card company

to repay the debt which it continued to do until it became a charity limited by guarantee

 

- by this time the original trustees had resigned (myself included) and that, from what I can gather,

is when the payments to MKDP stopped (2012).

 

I have now received a letter threatening legal action unless the debt is repaid in full.

 

I phoned them and explained that the company was dissolved and that it had no assets.

 

The person kept asking questions about my financial position to which I replied that my personal position is irrelevant

but he kept insisting that my name was on file.

 

I explained that was because I was point of contact and for no other reason.

 

He implied that I must have been a guarantor but I do not remember ever signing anything that made me guarantor and asked for original evidence of this.

 

I evidently need to put this request in writing.

 

My question is where do I stand in all this

 

and what is the best way to word the letter?

 

The charity operates from its own premises and nothing to do with the original registered address

because as already mentioned we all worked from our own home

and the registered address was used more as a convenience than a base.

 

Any help would be greatly appreciated as I nor the other ex-director are in a financial position to settle the debt.

[SabreSheep]

HI there

 

What business structure was this.

 

Were you a sole trader, or a ltd company?

 

This may impact on how best to proceed and what they may be able to do.

[melson]

It was a Ltd company with one other director.

 

 

At the end of the first year's trading we decided to wind up the company

but accountant recommended to simply not file docs so that it would get dissolved by company house

as this in his professional view was the cheapest way to do it.

[Miaspa 2010]

Until they produce the signed directors guarantee on the companies credit card its a no go.

 

No guarantee, no payment. MBNA (MKD) had plenty of time to dispute the striking off of the company when it was published back 2009.

[melson]

Thanks Miaspa 2010. As I thought. Now to word the letter as to not add fuel. How much of the history should I include if any or just stick to a straight forward request of evidence of the original signed document?

[dx100uk]

before you do anything

 

can you please scan up the letter you got that started this

prob just a threat-o-gram

[melson]

Copy of the said received letter attached.

 

Thanks in advance for your input folks.

[dx100uk]

std threat-o-gram

 

if but maybe

 

doesn't say will anywhere

 

prob because it approaching SB date I bet.

 

let it run

 

just remember

a DCA is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

 

dx