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shoosmiths court claim form help needed

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  • shoosmiths court claim form help needed

    Long story short have on friday received claim form from shoosmiths acting for rbs,i had a limited company overdraft and rbs convinced us it would be better to convert to a loan and for me and a business partner to stand as joint guarantors.
    just over a year after this company ceased trading.We continued paying the loan as we were still working together,then rbs instructed shoosmiths to contact us and tell us because the original loan was in the limited company name they could no longer take these payments and required us to both fill in expense and expenditure forms,they froze interest on the loan and we both began paying around 50% of what we had been paying,this would take us over 12 years to pay back the amount (approx £35000).
    Having now split from my business partner and been working by myself for over 2 years have missed payments on the agreed payment schedule due to family issues and recent berievement.
    Shoosmiths sent a new income and expenditure form in november 15 which i filled in and returned same day,nothing then heard until friday 12/2/16 when claim form arrives,i ring them and they tell me they never received my i/e form and as the letter stated there client may instruct court proceedings.
    My problem is i am self employed and my trade requires setting up credit accounts with wholesalers,which if i cannot do will affect my income and ability to pay.
    I am in a position to offer a final settlement for approx £8000 to remove my half of the debt but they have told me we are both responsible for the whole amount,this means if i pay and my ex business partner cant offer a similar amount it is unlikely to be accepted.
    Any help would be appreciated thanks for looking...
    Tags: None

  • #2
    Re: shoosmiths court claim form help needed

    :bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: shoosmiths court claim form help needed

      Hello Repoman.

      Can you please post up a copy of the claim form after removing personal information?
      What were the terms of the guarantees given by you and your partner i.e. did you both definitely
      guarantee the whole loan?

      nem

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      • #4
        Re: shoosmiths court claim form help needed

        Yes we are both liable for the full debt ,am at work at present but will post the claim when I get home.
        They have already told me that there is no way for me to split the debt and as I no longer have contact with my ex partner I feel that any offer I make will only help him reduce the debt...

        Comment


        • #5
          Re: shoosmiths court claim form help needed

          Originally posted by repoman View Post
          Yes we are both liable for the full debt ,am at work at present but will post the claim when I get home.
          They have already told me that there is no way for me to split the debt and as I no longer have contact with my ex partner I feel that any offer I make will only help him reduce the debt...
          Hello Repoman, do you know the ex partners address details? If you do personally I would pass it to Shoosmiths asap.
          It's not right you bear the burden of the whole debt.

          nem

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          • #6
            Re: shoosmiths court claim form help needed

            Sorry maybe didnt make clear they have his details and he has i assume been paying on an agreed repayment plan,his name is also on the claim but i dont know weather they are just threatning me with court or weather it is both of us

            Comment


            • #7
              Re: shoosmiths court claim form help needed

              Originally posted by repoman View Post
              Sorry maybe didnt make clear they have his details and he has i assume been paying on an agreed repayment plan,his name is also on the claim but i dont know weather they are just threatning me with court or weather it is both of us
              OK They have issues claim in the same manner as the guarantee i.e. Jointly and Severally so if one party fails to pay the other is responsible for the whole debt.
              I think what you need is a breakdown of how the balance has been arrived at and exactly what payments have been made up until the debt was passed to Shoosmiths.

              Nem

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              • #8
                Re: shoosmiths court claim form help needed

                Scan.pdf

                Please find attached scan of claim form

                Comment


                • #9
                  Re: shoosmiths court claim form help needed

                  If i admit on the claim form amount owed am i going to get a ccj for definate or is it still at shoosmiths discrestion,or will they put a charge on my property

                  Comment

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