Statutory Demand Threat Personally For Company Account

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Yes, that's what I read so it's not so clear cut as a personal SD seemingly;

If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition.The company should seek legal advice before applying to the court.

The fact remains though that there is no Court named anywhere on the form so how I defend it heavens only knows. I have no idea what to do now.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

I'm asking for you. Get the set aside appl for the personal account sent in though.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Okay. You need to continue negotiating with Ashley's for a settlement figure/repayment arrangement to avoid them applying for a winding up order. If they do put a winding up order in you can argue against in but as a business contract for 20k you will need to get professional assistance. Maybe give Richard at Howlett Clarke a call, you'll be able to find out your options from him http://www.qualitysolicitors.com/how...ard-schaverien but there would be solicitors costs involved if you wanted him to act for you/formally advise. There could be arguments on misrepresentation of the terms of contract (ie. the third party / the average turnover issues / the retaining 100% / the refusing to negotiate or accept you passing on the % from the PDQ takings etc.

Small businesses really do end up stuck without any protection at all, they are expected to be as good at complex financial negotiation and contracts as the huge corporations - and it is very unfair.

Definitely include in the personal set aside that you weren't advised to get independent legal advice before signing the personal guarantee.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Hi Amethyst, I emailed my completed application for set aside of the personal SD to you the other day. But for adding that I was not advised to get legal advice, is the rest of it ok to submit?

Gollum

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Also, do I include evidence like the email communication to show that it was in dispute and the contracts etc? And is there a Court cost to submit it?

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Yes, anything you include you need to mention in the statement and add the COPY documents as Exhibits. Otherwise yes it is fine and shows there is a clear dispute over the debt and contract.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Thank you

[gollum]

Re: Statutory Demand Threat Personally For Company Account

I'm back!

Is there any way this thread can be made private? I'm concerned that posting specifics about my situation could jeopardise the outcome.

Many thanks

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Hi,

Could I please trouble one of you good people to help me suss out the FSA standing of this outfit? In Amethyst's post #48 she found that they were part of a group, Ultimate Finance Group PLC in Bristol, and that Ultimate Finance PLC had interim permission. I've checked the register again and the status appears to have changed. When searching for 'Ultimate' there are 2 seemingly connected entries:

Ultimate Finance Group Plc	BS32 4TD	Ultimate Finance Limited	No longer registered as an Appointed Representative
Ultimate Finance Limited	BS32 0BQ		Registered (AML only)	Y

Could someone please explain the above for me?
Also, can Ashley Business Cash Ltd, a separate ltd company registered in Manchester, inherit authorisation of its parent company or does it need its own registration?

Thanks.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Just looked at Ultimate Finance PLC and in their footer it says they are owned by yet another company!

Copyright © ultimate finance group plc | Registered address: First Floor, Unit 1, Westpoint Court, Great Park Road, Bradley Stoke, Bristol, BS32 4PS
Registered in England and Wales No. 4350565 | Ultimate are wholly owned by Inspired Capital plc (LSE:INSC) | Complaints Procedure

Very confusing!

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Hi Gollum, How are things going? Did the SD get set aside?

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Just looked at Ultimate Finance PLC and in their footer it says they are owned by yet another company!

Copyright © ultimate finance group plc | Registered address: First Floor, Unit 1, Westpoint Court, Great Park Road, Bradley Stoke, Bristol, BS32 4PS
Registered in England and Wales No. 4350565 | Ultimate are wholly owned by Inspired Capital plc (LSE:INSC) | Complaints Procedure

Very confusing!

Just to make it more confusing ''Inspired Capital is the new name for Renovo Group PLC.''

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

FCA Interim on that postcode M2 3FX

A2Z Loans Limited	SK4 1BS / M2 3FX	a2zloans, Alphabetloans, Theloanwizard;loanz365.co.uk;loanz2u.co.uk loanz-compare.co.uk Multi-loans.co.uk Jediloan.co.uk Liquidfinancial.co.uk Theborkertree.co.uk Themoneyserver.co.uk;jediloans.co.uk;magicfinance. co.uk, compassloans.co.uk,	Scott Richardson Limited	No	IP issued
Consumer Debt Solutions Ltd	M2 3FX / M2 3FX	Business Debt Solutions, Loan Solutions;Acura Credit Counselling		No	IP issued
Debts SOS Limited	M2 3FX / M2 3FX	Money in control;Money Matters Made Easy;Home Owners in control;Money Matters Made Easy;Loan Loan Loan; Money in Control		No	IP issued
Money Simply Matters Ltd	BL9 5BN / M2 3FX	Debt Lighthouse, Debt Simply Matter;debt advice centre;write off my debts;bankruptcy Centre;money advice line;debt advice service;debtline advice		No	IP issued
Secure My Money Limited	SK11 0LP / M2 3FX	Money Gaga, Www.Affiliatetree.Co.Uk, I Spy Loans, Loan Zoo, www.the1loan.co.uk, Www.Onlineloansdirect.Co.Uk, Www.I-Loansdirect.Co.Uk

Which all sound like fine upstanding companies.

--------------------------------------------------------------------------------------------------------------------------------------
This was the response from the FCA previously

Thank you for your email of 13 June 2014 and for contacting the Financial Conduct Authority (FCA) regarding your query.

Your email queries about several companies who lend to business and you asked whether they need authorisation with the FCA.

Both Ashley Business Cash Limited and Ultimate Finance Group Plc are firms that hold consumer credit licences and therefore they are registered with the FCA and can be found on the FCA's Consumer Credit Register. I have provided a link to this register below.

http://fca-consumer-credit-interim.f...rSearchPageNew

I could find no details about Ashley Commercial Finance and you may wish to query the status of this particular firm with the company directly.

I hope that you have found this information helpful. If you have any further queries, please feel free to contact our Consumer Helpline on 0800 111 6768; or alternatively you can find more information on the FCA website at www.fca.org.uk

Yours sincerely

Michael Bailey
Customer Contact Centre
Financial Conduct Authority
Consumer Helpline: 0800 111 6768

----------------------------------------------------------------------------------------------------------------

Firm Name: Ashley Business Cash Limited
Interim Permissions Reference Number: 651779
Current status: IP issued
Register Status Effective Date:
End Date:
Firm Reference Number:
Principal Place of Business Address: First Floor, Unit One westpoint court Great Park Road Bradley Stoke
Bristol
South Gloucestershire bs324ps
Registered Office Address: First Floor, Unit One westpoint court Great Park Road Bradley Stoke
Bristol
BS324PS
Phone:
Fax:
Website:

Contact:
Contact Email:
Danielle Jewell
djewell@ultimatefinance.co.uk

Firm Name: Ultimate Finance Group Plc
Interim Permissions Reference Number: 524030
Current status: IP issued
Register Status Effective Date:
End Date:
Firm Reference Number:
Principal Place of Business Address: First Floor, Unit one Westpoint Court, Great Park Road, Bradley Stoke
BRISTOL
Bristol bs324ps

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Well I'm even more confused now!?

Yes, Amethyst it did get set aside but a lot has happened since then and I am still battling with them.

I asked earlier if this thread could be made private. Is that a possibility?

Many thanks, Gollum

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Hello and a Happy New year to everyone.

After a relaxing Christmas, I now have to begin dealing with this again so I'm just trying to get my head round what the FCA registration may mean for me.

Bearing in mind that the original 'loan' from Ashley was technically a Sale & Purchase agreement between my Ltd Company and Ashley, does them being regulated under the Consumer Credit Act even have any bearing at all? As they required me to sign a personal guarantee, such as it was, and they are now coming at me personally for the balance, will that be regulated under the CCA?

I'm just trying to understand what their standing is/was and how it effects me now. Ashley Business Cash Ltd appear to have moved from Manchester now and registered at Bristol

Ashley Business Cash Limited

651779

IP issued

First Floor, Unit One westpoint court Great Park Road Bradley Stoke Bristol South Gloucestershire bs324ps

First Floor, Unit One westpoint court Great Park Road Bradley Stoke Bristol BS324PS

Danielle Jewell djewell@ultimatefinance.co.uk

Firm name:		Ashley Business Cash Limited
Interim Permissions reference number:		651779

Consumer credit business	Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.	Active

No right to canvass off trade premises

Many thanks, Gollum