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ltd co ceased trading pg valid opperator lease?

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  • ltd co ceased trading pg valid opperator lease?

    Hi
    Could any one give me some advice please?
    My ltd company ceased trading in may 2009 and had a van from mercedes benz on an operator lease.
    I had 3 payments left to make an the van was returned.
    I wrote to Merc and advised that the company had ceased to trade and had no money to pay.
    A debt collection co is now attempting to reclaim the balance and says the outstanding amount should be paid personally.
    I asked for the agreement and i have signed as guarantor.

    Regards,
    Rich.

  • #2
    Re: ltd co ceased trading pg valid opperator lease?

    It sounds like you may have to pay if you signed as guarantor.



    Originally posted by RICHRSW View Post
    Hi
    Could any one give me some advice please?
    My ltd company ceased trading in may 2009 and had a van from mercedes benz on an operator lease.
    I had 3 payments left to make an the van was returned.
    I wrote to Merc and advised that the company had ceased to trade and had no money to pay.
    A debt collection co is now attempting to reclaim the balance and says the outstanding amount should be paid personally.
    I asked for the agreement and i have signed as guarantor.

    Regards,
    Rich.

    Comment


    • #3
      Re: ltd co ceased trading pg valid opperator lease?

      Thanks for your reply.

      The debt collection co have now decided to take this matter to court.

      I have been instructed by my solicitor that the contract is null and void due to the terms and conditions.

      I am going to file a defence in this case.

      I would prefer not to go to court though. Are there any alternatives i.e. making a deal with the debt collection co?

      regards,

      Rich

      Comment


      • #4
        Re: ltd co ceased trading pg valid opperator lease?

        Hi,

        I phoned the debt collection company and made an offer of £400. to close the case.

        The alledged debt is for £1494

        Is this a fare offer?

        Comment


        • #5
          Re: ltd co ceased trading pg valid opperator lease?

          it is probably not a fair offer if there is £1494 owing, but it is a starting point i guess.

          You can only see what happens?

          Comment


          • #6
            Re: ltd co ceased trading pg valid opperator lease?

            Thanks for your reply.

            I was thinking on the lines of an offer is better than no offer as even if it goes all the way to court i have a chance of paying £0 as i have what i think is a good defence.

            My financial situation is not good at the mo and i qualify for legal aid so even if i loose i would only pay minimun per month.

            I would have to borrow the £400 to pay offer but could be available within seven days.

            The reason i would like to settle is to stop ccj but if it has to be court so be it.

            will post as soon as collection co calls

            regards,

            Rich.

            Comment


            • #7
              Re: ltd co ceased trading pg valid opperator lease?

              If this is the situation then you would need to back up your claim for your Financial situation you would need to complete an income and expenditure form to collaborate your position and certainly if this matter was going to court.Legal Beagles Consumer Forum form can be found here.

              You should try and keep everything in writing as these debt companies are notorious for back tracking.


              Originally posted by RICHRSW View Post
              Thanks for your reply.

              I was thinking on the lines of an offer is better than no offer as even if it goes all the way to court i have a chance of paying £0 as i have what i think is a good defence.

              My financial situation is not good at the mo and i qualify for legal aid so even if i loose i would only pay minimun per month.

              I would have to borrow the £400 to pay offer but could be available within seven days.

              The reason i would like to settle is to stop ccj but if it has to be court so be it.

              will post as soon as collection co calls

              regards,

              Rich.

              Comment


              • #8
                Re: ltd co ceased trading pg valid opperator lease?

                Hi,

                I have tried negotiating with DCA to no avail. Full ammount + costs £1900.

                My defence is in and court next i guess.I have rang a mediation service but it looks like court first.

                If i go to court and loose will i have a ccj ? Can this be avoided?

                Rich.

                Comment


                • #9
                  Re: ltd co ceased trading pg valid opperator lease?

                  When you say you tried negotiating for the full amount but to no avail - what did they want over and above that?

                  Did you offer to pay by instalments and if so how much and over how many months?

                  Did you keep everything in writing and have they responded in writing?

                  If they have written to you was their letter written "without prejudice" ?

                  Did you give them a income and expenditure account as I suggested?

                  Tuttsi

                  Originally posted by RICHRSW View Post
                  Hi,

                  I have tried negotiating with DCA to no avail. Full ammount + costs £1900.

                  My defence is in and court next i guess.I have rang a mediation service but it looks like court first.

                  If i go to court and loose will i have a ccj ? Can this be avoided?

                  Rich.

                  Comment


                  • #10
                    Re: ltd co ceased trading pg valid opperator lease?

                    Hi Tuttsi,

                    I telephoned the dca as Merc benz refuse to negotiate and refered me back to dca.

                    The dca will only accept the full amount £1495 + there costs £400.

                    I offered to clear the debt only. in full. by a loan. to stop further action.

                    Should i write to them clarifying this?

                    Cheers,

                    Rich.

                    Comment


                    • #11
                      Re: ltd co ceased trading pg valid opperator lease?

                      I would keep everything in writing and I personally would send by special delivery so you will have a record that it was signed for.

                      Have you suggested a payment plan to clear this debt, one that you can afford?

                      Tuttsi

                      Comment


                      • #12
                        Re: ltd co ceased trading pg valid opperator lease?

                        No payment plan. I am trying to avoid going to court by making offers but it seems that the dca want to go to court.

                        I have not put any offers in writing as the debt is still not proved to be mine personally.

                        The personal gurantee is not vallid as i was not offered any legal advice and was not explained clearly.I wrote to the dca requesting that i might inspect the origanal but all i have had is a copy. This is not the complete document and sections are missing.

                        This debt is a penalty against me personally and unfair.

                        If i loose in court and pay in full within 30 days will i have a ccj or will it be satisfied?

                        Thanks
                        Rich.

                        Comment

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