hounded by ROCKWELL for personal guarantee - old Ltd com gov't loan scheme

[slipway101]

Hello

 

I have had a reply from them and they say ....Thank you for your letter we will be in touch...

Then I get this letter... Your opinion would be welcome..

 

I am wandering why they sent this letter i does not answer the original letter I sent.

Edited May 28, 2013 by slipway101

[dx100uk]

suggested payment details

 

not you must pay

 

urm.......

 

 

std rubbish really

I don't think you owe a penny

 

dx

[slipway101]

Should I just wait now or should I send another letter , what should I say when they phone again.

 

I got to say your advice has been great you have really helped me hope that this post will help other who are out there being hounded like me.

 

Thank you.

[dx100uk]

never discuss debts on the phone end of!!

 

dx

[citizenB]

Hello

 

I have had a reply from them and they say ....Thank you for your letter we will be in touch...

Then I get this letter... Your opinion would be welcome..

 

I am wandering why they sent this letter i does not answer the original letter I sent.

 

So that letter is in response to the letter you sent asking Rockwell's status !

 

So, it looks like the account is still with LTSB and only being collected by Rockwell. In which case the letter they sent you advising what they "may do" by way of bailiffs and Warrant of Execution is very misleading indeed and very much in breach of the OFT guidelines.

 

Let's have a think about this.

[citizenB]

I didn't think that you could be held liable for a Ltd business debt, is it usual for a personal guarantee to be sought.

 

Is this guarantee secured on property.. eg your home ?

[slipway101]

Hi

No, the guarantee was a personal guarantee. I do not own any property or have any assets of real value.

I am very poor lol

[citizenB]

Hi

No, the guarantee was a personal guarantee. I do not own any property or have any assets of real value.

I am very poor lol

 

I am relieved to hear you say this.. not that you are poor of course, but that there is no security for them to focus on.

 

I see you offered them £50.00 back in November of last year, was it accepted ? If not, have you ever made any payment toward this and if not - when was your business closed. Did you just close it or was there a Bankruptcy involved ?

[slipway101]

the £50 was offered and they sent me out a form to fill in, for my in - outgoings.

 

I did not fill it in as i thought it was non of there business.

 

I have not made any payments to them at all.

 

the Ltd company was closed down properly through companies house last year,

 

I had to wait 3 months in case any one objected.

 

It did not go into receivership and i have not entered into bankruptcy personally ...... yet

 

I hope this helps

[citizenB]

Ok.. I will ask someone else to have a look and see if they can come up with any ideas.

 

I think you will be able to get the "charges" removed from the balance.. .

 

When was the last time you made any payment to this ! Although I guess the actual guarantee didn't come into force until after you wound the business up.. so when did that happen !

[slipway101]

No Payment has been made to date. The limited company was wound up mid 2012. the business closed down late 2011.

 

Do you think there is any chance I can get out of the full amount

Edited May 30, 2013 by slipway101

[citizenB]

Righto, so not even any chance that it is statute barred

[slipway101]

not unless it starts from when it was signed, that would still leave about 2 yrs to go before it was statute barred.

[slipway101]

just a note: I have not got the information that I requested in the letter that was sent out ref you template earlier in these posts. should I pursue this information to get clarification on date and what was actually signed.

[sequenci]

Hello there.

 

Have they supplied you with a copy of the personal guarantee?

if they cannot prove that it *was* guaranteed they cannot rely on that argument.

 

If you've posted up proof in the thread please excuse me, I've only had a quick flick through.

 

This type of debt is a non-priority debt, which means that it should be treated in the same way as any other credit card or loan.

Do you have any other debts at all?

 

Many business-related agreements may not fall within the confines of the consumer credit act,

please be aware that (depending on the precise circumstances) they could ignore a CCA request.

 

You may wish to send a SAR - but again that is only likely to provide you with information that's specific to you individually.

[slipway101]

Sorry for not responding sooner

 

yes I have a loan and credit card debt.

 

I still have not had any copies of any paper work.

 

I have also sent them a draft request for assignment

this was over a month ago and all i have had is the letter from lloyds saying that Fenton Cooper are acting for them.

 

No proof has been sent as requested by myself.

[slipway101]

Should I send the SAR to the bank or lloyds or both...

[dx100uk]

SAR Lloyds.

 

what was that letter you sent? a cca request?

 

dx

[slipway101]

Hi dx

 

the document i sent was the draft request for assignment which you posted on the post.

 

 

Draft request for assignment - Amended Draft - Copy.doc

 

 

thanks

[citizenB]

Sorry for not responding sooner

 

yes I have a loan and credit card debt.

 

I still have not had any copies of any paper work.

 

I have also sent them a draft request for assignment

this was over a month ago and all i have had is the letter from lloyds saying that Fenton Cooper are acting for them.

 

No proof has been sent as requested by myself.

 

 

If this is all you have received it means that the account has NOT been assigned/sold - that Fenton Cooper are purely acting as a 3rd party collection agent.

[slipway101]

Any ideas on what my next move should be.... These termites still call me every week.

[citizenB]

Ok, so it has been established..

 

That the debt has not been assigned and Rockwell and Fenton Cooper are LTSB's rotweillers. Any court action would need to be started by LTSB themselves.

 

That the debt is not statute barred

 

That to date, they have NOT provided a copy of the signed guarantee - which if they want to rely on, they will need to produce.

 

You have previously made an offer of £50.00 - it is irrelevant that you didn't complete their paperwork - it was offered and not accepted.

 

You have no assets

 

It is likely they have added some charges to the original sum.

 

Perhaps another letter to LTSB.

 

Advise that they have failed to respond to your previous correspondence - to please supply a copy of the guarantee.

 

Or you could respond to Fenton Cooper with that question, and just copy it to LTSB.

[slipway101]

Should I send the SAR letter...

[citizenB]

Should I send the SAR letter...

 

Yes, I would - they are obliged to respond within 40 calendar days and if they don't then you are able to take action against them.

 

There is a draft SAR request in the CAG library - you will need to send £10.00 with the request - statutory fee.

 

The only thing that bothers me is that you will need to sign the request so sign over a grid such as below.. make the grid, pale yellow or mid grey and sign over very lightly in pen.

 

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

 

or

 

slipway101slipway1010slipway101

slipway101slipway1010slipway101

slipway101slipway1010slipway101

slipway101slipway1010slipway101

[slipway101]

Hello

 

So it has gone quiet for a while until this.

can you help me please..