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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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nyla

Bankruptcy threat on a personal guarantee - can anyone help please ?

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Hi all

I am new the CAG i would just like to see if anyone could help or give me the best advice

on bankruptcy on a personal agreement

 

my partner and i are directors of a LTD company

 

The LTD company had a debt with a supplier (not sure if i can post their name )

 

the debt was 11938.71

 

in March this year they sent us a statutory demand / winding up petition which we did not want to happen as thats our monthly income so if they wound the company up me and my partner would have no income to pay the debt off

 

we agreed with their solicitors a payment plan of £500 per month ( under the understanding the winding up petition would still be in place but on hold if we fail to make our payments ) and they would look into it in 6 months time to see if we can pay more off the debt

we paid them on time each month and stuck to our word

 

then at the beginning of July the winding up petition went active

again we called to see the reason why as we stuck to our word and never missed a payment

their reply was they want their money sooner rather than later

 

we have sold the LTD company on but because me and my partner signed a Personal Agreement they are coming after us personally

(also the personal agreement does not have my correct D.O.B )

 

i had a gentleman come out to my house trying to serve me with a bankruptcy petition

 

he has been twice and posted a letter saying he will arrive on such a day at such a time to serve me with the petition

he came but i never answered to him

 

he has been out in total of 4 times

am not sure whats the best thing to do

do i take the petition off him or not ?

 

i am willing to set up a payment plan instead of going bankrupt

just do not want the same to happen where i pay them a few months then they try to make me bankrupt again

 

can anyone help please

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moved to general legal forum...

 

do you mean you both signed personal guarantees?

and was this when to started the supply agreement

or at a later date when you were fending off the BK attempt?


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HI Dx100uk

 

yes we have both signed personal guarantees when we opened the account

but for some reason they are only sending me the bankrupt petition and not my partner

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

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it says in the declaration of the PG should be signed by a director or partners company secretary or proprietor of the business

then me and my partner have put our names and signed

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should not must...

 

not sure if its important not my bag sadly others will help.

 

but if you didn't put your status in the company following your name...dunno...


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thread title updated


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

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That is the legal process unfortunately.

They don't have to give a reason why they want the money now.

 

You need to make contact but as you have had an arrangement already, I dont think they will accept another one.

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oh and yes name the company.

 

dx


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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

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Hi Sgtbush can they make us go bankrupt then

 

do i accept the petition next time they knock with it?

 

When we were paying the arrangement it was under the company name if that matters

 

i can attached a copy of the PG if thats any help

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If they have served a statutory demand and listed it in the London gazette informing your creditors, ten can force a bankruptcy

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Wrong.


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

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Dx is being "picky"

Just like when someone says a private parking notice is a " fine"

And the reply is its a debt with no further help.

 

Ivebeen quite general in my terms and layout but the facts are layed out in the link.

They can demand a winding up or as you have a directors personal guarantee, a bankruptcy.

 

You need to contact them as you cannot disagre with it as you have already had an arrangement. Even though you complied with it too the letter, there is still a balance

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we need to see this supposed PG and its wording

think you've been had here sadly.

an SD should not be used as a debt collection tool.

 

so HAS this actually been to court?

 

I bet not and all of this has been done mostly on the phone too ?

 

evidence please not speculation....

 

read upload

scan the docs up one multipage pdf


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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Have you considered a CVA (Company Voluntary Arrangement)

 

https://www.gov.uk/company-voluntary-arrangements

 

Did you PG provide for ‘Cap’ a Director’s Liabilities ?

 

Every personal guarantee is different so you should check the small print for your particular situation.

 

Andy


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Hi I have attached my declaration part of my PG

 

I have attached my declaration part of my PG

 

It has not been to court as i have not been served the bankruptcy petition yet as they are trying to serve me with it as they posted a letter stating they are going to come at such a time on such a date an have been in a total of 4 times but only one was a actual arranged time i l knew about as they posted a letter stating this this is how i know they are trying to serve me

 

should i accept the petition or not not sure what the best thing is to do

 

all communication with them in the past has been done via telephone and email

 

The CVA would not be suitable for us as we have sold the company

 

The creditors are coming after us personally

 

i have attached the declaration of my PG if this helps

 

Thanks

PG.pdf

Edited by dx100uk
merge

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" then at the beginning of July the winding up petition went active "

 

" i have not been served the bankruptcy petition yet as they are trying to serve me with it "

 

Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

 

If your company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. You should seek legal advice before applying to the court.

 

If you succeed in the application to stop the creditor presenting a winding-up petition, the creditor will have to pay the hearing costs. If the application fails, you will have to pay them.

 

Andy


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The Company is no longer ours so we are really not worrying about the winding up petition as its the new owners responsibility

 

what we are concerned about is the bankruptcy petition

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Yes I am aware of that...is the creditor ? and who are they trying to wind up ...the company or you personally ?

 

Was the SD to the company or you personally ?


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served on us personally

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Then there not winding up your ex company...they are trying to make you Bankrupt.

 

Ideally they should have issued a court claim for the money...not used a Statuary Demand.Did you get anything in writing agreeing the payment plan you have been making ?


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hi they tried to wind up the company few months back

we set up a payment plan we paid it regular

then they demanded the whole amount which we was unable to afford 12k in one hit

 

so our best option was to sell the ltd company therefore passing all asset debt and responsibility to the new owners

 

two weeks later we have the creditors collection agency attempting now to serve me a personal bankruptcy petion personally

 

hope that clears it up

 

are they allowed to serve us this bancrupcy petition

we were paying these guys £500 pcm un missed

now we have no business and income yet they're demanding it all or make us bancrupt

 

does anybody suggest a plan of action ?

 

steps to follow to deal with this now ?

 

your help is appreciated

Edited by dx100uk
spelling

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hi they tried to wind up the company few moths back (But you said the SD was served in your names not the Company ?

we set up a payment plan we paid it regular

then they demanded the whole amount witch we was unable to afford 12k in one hit

so our best option was to sell the ltd company there for passing all asset debt and responsibility to the new owners

two weeks later we have the creditors collection agency attempting now to serve me a personal bankruptcy petion personaly (how do you know its for you personally and not the Company ?

 

 

Andy


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