Azzurro/Shire Recoveries - old capital on tap debt business loan i guaranteed - who do I deal with?

[gs123]

Hi,

 

Hope you can help. I've received contact from Shire Recoveries who have been appointed to collect a debt by Azzurro Associates.

 

They write: "My Client Azzurro Associates Ltd has acquired from Capital on Tap all of their rights in, to and under the account, with a balance due for repayment of £x"

 

They've provided a copy of the Revolving Credit Facility Agreement I signed with Capital on Tap for my business, which I was the guarantor of.

 

I'm not sure if I deal with Shire or Azzurro. I'm unable to pay the full balance and I don't know what my next steps should be.

 

Hope you can help,

[dx100uk]

neither of the fleccers!!

azzurro have purchased the debt from capital on tap, so are the new owners of the debt.

 

if anyone could have done anything, COT would have taken you to court and crashed you dead.

but they chose to sell the debt on for 10P=£1 to the debt buyers.

 

what type of business was this? sole trader or ltd?

when did you take this out?

when did you last pay it?

did you actually sign a separate personal guarantee?

how much are they after?

is the registered address of the business the same as your home address?

have you moved since taking this out?

 

a dca is not a BAILIFF

and have 

 

ZERO legal powers on ANY debt - no matter what it's type.

 

[gs123]

Thanks for your reply, I really appreciate your help.

 

what type of business was this? sole trader or ltd? ltd

when did you take this out? 2021

when did you last pay it? 2022

did you actually sign a separate personal guarantee? it wasn't separate but part of the main agreement

how much are they after? £36000

is the registered address of the business the same as your home address? No

have you moved since taking this out? No

[dx100uk]

Then there is not a lot the debt buyer can do that you or I could do if we think someone owes us money..raise a speculative court claim , to see if you wet yourself.

 

It's very telling the debt was sold on and they didn't crush you in court. 

 

I would send capital an SAR.

 

Until or unless you ever get a letter of claim ignore everything 

Never ever talk on the phone, writing only put phone down 

 

 

Dx

[gs123]

Thank you, I really appreciate your help. Capital have refused to speak with me since the debt was sold but I’ll send the SAR to see what info they have.

 

many thanks again,

[gs123]

Capitalontap replied with the following:

 

"I am aware that you have requested for a Subject Access Request.

 

To obtain the information you need, please get in touch with CO Europe Limited by calling them at 0238 111 2095 or sending an email to [email protected]."

 

Who should provide the SAR - CoT or the DCA?

 

[AndyOrch]

On 22/04/2023 at 11:20, dx100uk said:

 

 

I would send capital an SAR.

Dx

 

[gs123]

 

Thank you, CoT have refused to provide the SAR, do I keep requesting?

[AndyOrch]

Depends on what you wish to do with the data ?  What are you hoping to achieve ?

[gs123]

I'd like to see if I'm attached by personal guarantee still, as I couldn't see a default on my credit report, and I'd like to know what checks were performed before offering the credit (was I checked or my business)

 

What would you advise please?

[AndyOrch]

Is there no reference on the copy agreement with regards to the loan being secured by Guarantor ?

[gs123]

It does, but it's no longer referenced on my credit report. When dx100uk mentioned sending an SAR, would there be another reason behind the request please?

[AndyOrch]

Was the loan regulated under the CCA or unregulated ?

[gs123]

The CCA says:

"We are authorised and regulated by the FCA. Our firm reference number is: 625592 / 900922."

Is that the part that would show the loan is regulated?

[AndyOrch]

No it must state This Loan is regulated by the Consumer Credit Act 1974...why not scan redact and upload a copy of the agreement...takes the guess work out of advising 

[gs123]

Thanks, I really appreciate your help

Contract (2) (1) (1).pdf

[dx100uk]

B2B unregulated? Loan with a signed pers guarantee

[AndyOrch]

 Unregulated....so how much is outstanding on the 35K limit ?

[gs123]

Thanks for checking for me. £35k is outstanding, plus charges that have been added of about £1500.

[AndyOrch]

Is your business still operating ?  You have said nothing about your existing position or why you failed to maintain payments.

[gs123]

We struggled to make the payments as a customer went into administration owing us £70k. I missed 2 non-consecutive payments and it was passed to the DCA.

 

The business is just about surviving at the moment.

Edited May 5, 2023 by gs123

[AndyOrch]

Thanks....I really do not know what to suggest I don't think irresponsible lending would fly on a B2B debt ...the customer that went into administration 70K have you pursued it through the relevant channels with regards to a claim through the administrator ?

 

 

[gs123]

Thank you, I appreciate you looking into this for me

 

Yes, it's being pursued with the administrator but it's looking like a lengthy process.

 

Should I speak with the DCA to explain my situation or should I continue to ignore them as per dx100uk's earlier advice?

[dx100uk]

ignore the dca. never ever otherwise.

 

if you last paid this to the original creditor within 6yrs they CANNOT refuse you SAR .

 

pers i'd start upping the anti here, go complain to the ICO that capital on tap are refusing to honour your SAR.

 

 

[gs123]

Thank you dx100uk - please could you advise what I'm looking for with the SAR and how I can use the info?