HSBC Business A/C, Buchanan Clark & Wells debt collector

[f0ll0w0n]

I was part of forming a company in company house in 04/2008. I was appointed as sectary and held 25 shares.

 

After running the company for almost a year (we had HSBC business back account under the company name and I had access to the account) I had dispute with other partners.

 

I resigned in 06/2009 as the sectary, filled letter of resignation to Company House and had the impression given from the bank that they will also keep their record in line with Company House. So I thought my access to the account will be cut off. But in fact that didn't happen.

 

However after I left the company I didn't use my access to make any transaction to/from the account. And the managing directors assigned new sectary and one of the two managing directors was managing the business account.

 

Now suddenly in 06/2013 received a call from HSBC, chasing me for the debt of £5k because my name was in the bank account. I told them I have noting to do with the company since 2009. Later I went to a local HSBC branch where we opened the business account, and I gave them a copy of my resignation letter to Company House and a postal address of mine to contact in writing. HSBC never wrote me anything.

 

I also dug records in Company House and noticed, the company was struck and dissolved 08/2010.

 

HSBC now passed the details to a debt collector named Buchanan Clark & Wells and they are chasing me over my work and mobile phone daily. Initially they sent me a letter saying want to discuss a 'private matter'. Searching on this forum and advice I ignored that letter and their calls. Now they sent me a letter with the amount of debt, their client HSBC and said,

 

"Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and they would prefer an amicable settlement"

 

Sorry for the lost post, but I believe its a business debt to a limited company; not personal debt, I disassociate myself from the company back in 2009 and didn't make any transaction to the a/c, and the company dissolved in 2010. Not sure how I am liable of such debt?

 

Pls advise me on what should be my response to the debt collector? Should I continue to ignore them or explain what happened?

 

Many thanks

[renegadeimp]

Did you sign any personal guarantees for any amounts in the ltd company?

[f0ll0w0n]

thanks for the quick reply. I don't recall signing any personal guarantee. However when we opened the company a/c account I signed in few places. No one asked me I will be personally liable.

 

Now how do I find out whether gave guarantee or not? thanks again for reading and quick reply. much appreciated.

[citizenB]

You would need to send a Subject Access Request to HSBC for any and All data in respect of this account. It will cost you £10.00 and they have 40 calendar days to respond.

 

Meanwhile, I would suggest you simply respond to BCW and advise they have been misled by HSBC. That they should return the account to their client and cease hassling you.

 

 

Dear Sir or Madam (or name)

 

Reference numbers.

 

I am in receipt of your letter dated DATE.

 

I would advise that you have been misled by HSBC. I owe no liability to them or you and would suggest you return the account to them.

 

Further communication from yourself will be considered to be harassment and will be reported to the relevant regulators.

 

Yours etc..

 

PRINT - OR SIGN YOUR NAME DIGITALLY. DO NOT PROVIDE THEM WITH A HANDWRITTEN SIGNATURE !!

 

[f0ll0w0n]

Thanks for the advice. I have now copied the temple for Subject access request to HSBC and will send request to HSBC tomorrow.

 

And I have just posted a letter to BCW (with RoyalMail sign for) stating "I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question."

 

Agonising waiting time started.

[citizenB]

Yes, waiting is always frustrating

[dx100uk]

also you need to complain that the dca are phoning a works number

 

that is not allowed.

 

me thinks you owe nowt.

 

dx

[f0ll0w0n]

Is there any guideline to refer to which explains DCAs are not allowed to phone a works number? And whom should I complain? BCW (in my case the DCA) I suppose? Many thanks

[dx100uk]

Dear Sir or Madam,

 

I am writting to lodge a formal complaint regarding

the number and requency of calls/texts to my works

numbers this must cease immediately as these messages

are being pick up by my work colleagues which is causing

me embarassment and distress and could jeopardise my

job.

 

I am sure that you are aware of the OFT Guidance 2003/2011

and the section regarding harassment and behaviour likely

to cause embarassment to an alleged debtor.

You will cease all contact by phone, text or e-mail immediately

all further call will be reported to the OFT.

For clarification I do not acknowledge any debt to you or any

company you may claim to represent.

Send recorded delivery.

[f0ll0w0n]

how nice. will send another letter. Many thanks

 

All I am thinking (and anxiously waiting) now of their response to my 'prove it' letter. Hope I didn't sign anywhere silly.

 

O one more thing. digging my email, I found I have signed a 'Debenture form' for the company (which is now dissolved in 2010). Do you know whats that for?

 

Thanks