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    • I don't know much about this area of law but what you are saying about the continuation of a restored company makes perfect sense. I can scarcely imagine that it is any other way. How much money are we talking about here?
    • I'm having the same difficulty working out why @simeon1964 posted #32 without any explanation (again!) as to why it was posted.
    • as such there isnt one.  but that DN says 28 daya, should state a date in the format dd/mm/yyyy   and no IP address of signup PC either. lowells lose so many times on these issues 
    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
  • Our picks

mom and the lloyds "loans" "WON"


archer_66
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ok to cut a long story short......mom came into some money which she invested with her bank lloyds tsb.when she got short she'd go in and speak to the man dealing with her investments and ask for some money from it.he'd give it to her and she'd leave.well after a couple of yrs she was called in to speak to someone from a different branch about the man dealing with her.apparently he was being investigated.he had falsified details about her,saying she'd had money in other accounts etc and said her money wasnt doing well enough in the investments and had changed them over thus filling in the form with wrong details.he said that among other things the money mom was taking out her investments were in actual fact loans that he was giving her without her knowledge!! he said that they were looking into his dealings as her investments were doing brilliantly in fact! and the form filled in without her permission.mom was very poorly at the time ,had just lost her son and wasnt really thinking.its been more than a year now and sh's heard nothing about it.i am going to write to lloyds asking what happened and to ask for the interest back that was paid on the loans given to mom without her permission.

what i want to know is.... is there any relevant laws etc i can put in the letter to make them a bit worried and deal with it swiftly? i have wrote to the banking ombudsman and they just said they dont deal with singular complaints and i need to write to the actual branch.

 

any ideas anyone??????

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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would purpose would that serve? i know she hadnt accumated any charges on the loan,they amalgamated it with her ongoing one that she took out? i might be missing something though? could you elaborate?

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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S.A.R - (Subject Access Request) will give you all the information relating to the account. You can check then, that the only funny stuff that's been going on, is the stuff you know about already. If they've been getting your mum to sign loan agreements then it wouldn't be surprising if she'd signed other stuff unkowingly either. In the words of my gran "there's not much point going off half cocked;) "

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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thing is how would she know the agreement numbers? or how many shes had? i think he said 3! but im not sure.... would giving her details show things up ?

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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You say your mum has other accounts/investments with lloyds. If you send the SAR with these numbers and add a paragraph asking for information about all other accounts she has had with them, I would have thought htey'd be included. I may be wrong but that's how I understand it. Another possible route would be the police. I would have thought that what's happened to your mum is probably illegal, and the police would certainly make the bank act swiftly. I must make it clear though that I have no legal knowledge to speak of. These are just my thoughts, but it may be worth checking out

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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thanks for the advise,if they start acting dumb then i shall threaten them with the police...ill get the letter sent off for her .... lets see whats happened that we dont know about!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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great thanks :D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

  • 2 months later...

ok moms had a letter back in reply to her SAR... all it is is a list of the account fees for each month!! theyve put nothing on it about any other account or loans and have just taken it for granted i want to reclaim bank charges... which i knew she didnt have anyway!!!

what shall i do now? just write asking them to supply the rest of the SAR?? then how long shall i give them cos their time was up today .. arrrgghhh theyre so annoying!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hi archer...

 

You could send them a non-compliance letter, you will find something suitable here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Also, I would remind them (in no uncertain terms!!!), that the 40 day limit has now been exceeded.

 

Best of luck.

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i shall be VERY firm with them about non compliance but its going to be a flipping long letter cos i shall be putting why i want the S.A.R - (Subject Access Request) and also that the police will be brought into it if i hear nothing off them

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

I would also drop a line to the informations commissioner in order to swell the ever growing complaints against Lloyds.

Come on the mighty reds!!!!!!

 

Lloyds TSB - Success - 14/7/07

Lloyds TSB - Pending -

Halifax - Pending -

 

 

Tip my scales if I have been of assistance :D

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Does your mum have internet banking? If not, you could ask for it to be set up and her account history should appear on there? Account information is on my internet banking from well before I set it up.

I would imagine that your mum was not the only person that fell prey to this guy, so I would've thought there'd be some kind of investigation into what happened. Does your mum not have a right to know what was discovered?

Perhaps a meeting with the branch manager might give them the kick up the bum they need?

 

Good luck mate, let us know how you get on.

 

T

:)

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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thanks all ,i very angry they treated her this way ,and i shall be sending a letter today or tomorrow to the branch .there was an "investigation" mom was interviewed but was never told anything else about ,never even offered her an apology!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hi Archer

I am with FSO at this time for a loan with my mum not the same circumstances but definite miss sold.

 

Lloyd's have stalled with this big time, and its disgusting.

 

I would not even give them the time and chance that you are, if you know for sure something is not right then go to the police an ask to see someone from fraud, they may even come to your house.

 

How did you find out the bits of information you have to date regarding his actions and being discovered.

 

Did he leave the branch after as in fired.

 

Also with my mums banking we had a worry of someone taking from her account with false documents, when i asked to be told which documents were used, the bank was not at liberty to tell us.

 

I highlighted that a passport or birth certificate needs to be reported for my mums protection.

 

They then advised they do not inform the police and they do not have to, but we can... but with what evidence if they will not supply any???

 

Its out right wrong..

 

Go for them from all directions i say as they certainly wouldn't hesitate if the boot was on the other foot.

 

Good luck

 

Fuzzy

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Have just noticed this thread.

Have you got anything in writing which confirms that the member of staff in question has been acting fraudulently?

Actually even if you havent I ould be getting straight in touch with the police since these are criminal acts.

Do you imagine for one minute, that had it been you mucking about with your mothers accounts like this that they wouldnt have informed the police.

As a first step, I would go to her branch and very loudly demand to see the manager about the fraudulent acts that were admmitted to by bank staff last year and why you nor your mother have been kept informed about the process of their internal ivestigation.

If they try to bullshXt you, just get louder and louder, and ensure as many customers as possible can hear you.

Believe me they will give you somewhere private to" chat" about this.

Dont be rude, just loud

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If they try to bullshXt you, just get louder and louder, and ensure as many customers as possible can hear you.

Believe me they will give you somewhere private to" chat" about this.

Dont be rude, just loud

 

This works so well ;) and its amazing once you get in there how a member of the staff once listening to your problem does actually become quiet shocked as to the extent of your troubles, its just getting someone to listen.

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lol i can imagine their faces if i was to go in very loudly asking to see the manager about fraud!

right i have wrote the letter to them explianing why i needed the SAR i have told them all about the loans and the thousand pound that went missing out of the account but was later put back in when a fuss was made!! also that i shall be giving them first oprtunity to rectify the matter before i call the police in on the matter.

fuzzy i found out about all i know now due to mom being called in for an interview with a man from a different branch.mom asked me to go in with her as she wasnt sure what it was they wanted.he knew at the time that she had no knowledge of the loans as she said so.also the other employee that gave her the loans had falsified details on a form in order to change over the investment to something else..

ive nothing about the outcome of the investigation or what happened to the man.mom thinks they just transferred him.how many other people has he done this to though that dont even know??

i think they should be shot.they are by far the most deceiving bank of all that ive heard about i think ill email the IC the letter ive just wrote actually

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

ok i have complained to the information commisioner and have added the letters onto the form so i didnt have to explain everything again

lets see what they say!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hi Archer

you will have a bit of a wait, they allow Lloyd's 8 weeks to deal with the complaint, and Lloyd's use it all, we are in our 9th :-(.

 

Only after 8 weeks does it get escalated to an accessors.

 

out of interest how old is your mum, mines 76 can't read much print as gets dizzy spells, and can't absorb information in great chunks of writing, she has taped books from the library for this reason and Lloyds are claiming she read 6 pages of terms and conditions in 1 sitting. Yeah right :-x I think not..

 

I found a document that mum was supposed to read and fill in her self, this document was filled in by the salesmen as the pens my mum used and the salesman were different.

 

The document was a check list of how the loan was sold, mum signed it thinking it was for the direct debit on the reverse of the paper.Sometimes theres small things that mean a lot in the paper work, have a good rummage when you receive some I also did an S.A.R - (Subject Access Request) for mum for the Loan and all Lloyd's reply for is the charges of which mum has never had, The FSO advises "oh they have just miss read, write back to them again". AAgggghhh. I shouldn't have to..

 

Good Luck, keep posting

 

Fuzzy

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no you shouldnt have to at all.i cannot understand how the powers that govern companies to protect us the consumer can be so lenient in their dealings with the companies breaches.Im so sick of all this messing about.something that should be quite simple is turned into something thats complicated and dragged out and there seems to be no help for us really.

my mom is 75.she has partial sight and and deafness and at the time of the fiasco she had suffered a blood clot thru the brain and was very disorientated in general.had problems walking and focusing on things.i went with her to every appointment except with her drawing money out as i thought very naively that it was a straight forward process

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Hi archer

A while back when my mum moved to sheltered housing she must have applied for benefit help. never thinking in her life time she would qualify she gave up the process, in October a nice lady contacted her and said yes course you can.

 

It was only when mums passed finances needed to be calculated and presented did i actually find! this loan.

Mum was to worried to show me, but what makes me mad is mum didn't need the loan she has small amount of savings, its a small amount but enough to help her if a crisis came knocking.

 

Its made me see red as i worry how many pensioners or people who can't actually process figures which is not uncommon, and how many may be in this position without help.

 

If this loan would have continued with my mums financies at that time in 4 years her financial health needs that give her a more comfortable life, would not of been paid, but the loan would. So making my mums years more painful than necessary and that is a terrible thought and a frightening one.

 

£46 out of a pensioners allowance for 4 years is disgussting, as its obviouse thier needs are going to increase...

 

Your welcome to PM or email me as you go along.

 

mums case will be escalated now, so will keep you up dated.

 

Fuzzy

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