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    • Hi Wondered if I could get a little advise please. I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed. I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns. They have now instructed solicitors to send letter before action claiming just over £4000. The lease was mine and so the debt. I know this. I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months. I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'. I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer. I wondered if they take me to court, could I ask for mediation? I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table? Thanks for your help.
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Is it possible to sue an endowment company?


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I've posted this question elsewhere (... http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8543) but am posting as a new thread, well, because its a new subject really.

 

My question is whether there are grounds to sue a company who have mis-managed an endowment?

 

I'm not talking about the possible mis-selling of an endowment, but the professional negligence involved in the general running of the policy. As you will see in my other thread, if we are to cash in the policy (which I think we will do) we will actually get 3K less than we put in.

 

So I can either assume that their charges are exceptionally high, or that they are exceptionally incompetant.

 

I was thinking, from a professional point of view, if I was this incompetant then my professional indemnity would be in use quite a lot!!!

 

Anyone any ideas or experience of this matter.

 

 

Cheers.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Think you might struggle with this one but I'm sure someone will be along to prove me wrong!

 

If it's just a question of an investment losing money then I would think there's not a hope in hell. The value of investments may rise and fall etc etc. If you have any luck let me know..... my stockbroker must owe me a fortune!

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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I'm probably guessing not myself, but its a line worth thinking about.

 

Surely we pay professionals to do the job for us...

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Worth a thought. But even the most professional of professionals can't say which way the stockmarket is going to go.

 

Investments can fall as well as rise etc etc.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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  • 2 weeks later...

It is/was my wifes policy, bought 12 months before I met her. I can guarantee that she wouldn't know now whether it was unit linked, but whether she was told at the time is a different matter.

 

Unfortunatley, in this day and age, as long as people are seen to tick the right boxes, it doesn't seem to matter whether the other party understand/can afford/will benefit from a transaction. I'm not just talking about my situation here but just life in general. There seems to be very few ethical people out there that care about what is best for the client. This is magnified hugely by the banks, but its rampant everywhere.

 

Thanks to everyone who has helped me in this thread so-far.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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I complained to one of these "assurance" firms once because the salesperson had actually misrepresented the benefits available under the policy and how much I would have to pay for activating them... I found that when I came to activate particular bits which I thought were included, they wanted to charge more for them. They wrote back and said regardless of what their salesman had told me, I had signed a document saying that I had read and understood the terms of the policy and the documentation provided. Having signed that I was screwed because the terms and documentation told me exactly what they said it did... the salesman had hoodwinked me into buying something I didn't need, and there's nothing whatever I could do about it.

 

You may well be in a similar situation here.

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I think so. Oh well, you've got to learn in life which battles to fight. I think on this one I'll end up selling the endowment and just draw a line under it.

 

Such is life.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 2 weeks later...

Go to google and type "mismanaged endowment"

 

Seems there are companies out there stating they can claim back thousands, i am looking into these at the moment...

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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