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  • Hhh

    Remove post please
    Last edited by platinum; 15th January 2019, 20:34:PM. Reason: Remove post please

  • #2
    The CCA request wouldn't be valid as this was a business debt.

    Was the debt originally a business overdraft or a loan facility ?

    Is the PG secured on your / partners property ?

    The business closed in 2010 ? and the loan defaulted 2011 - thereafter in 2011/2012?? RBS made an attempt to enforce. How far did that attempt go - to court ? or just letters?

    Its 2019 now - so way beyond 5 or 6 years of limitations. Within 12 though if it were secured on land and is a deed.

    If you have a copy of the PG and can redact and upload that would be useful.

    Who are shoosmiths now acting for ? still RBS or a debt purchaser like Cabot / Arrow etc ?

    Also between 2011 and when Shoosmiths started chasing in 2016 were there any communications at all ( you to them/RBS) acknowledging the debt ? Was there a clear 5 year period with no contact at all ?

    6 would be better of course - have all your comms to shoosmiths been to say you don't acknowledge the debt / prove it etc ?

    also, are they chasing your partner as well ?

    Sorry for all the questions xx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      No edit
      Last edited by platinum; 15th January 2019, 20:36:PM.

      Comment


      • #4
        Last edited by platinum; 15th January 2019, 20:26:PM.

        Comment


        • #5
          For ref as to whether it's a deed ( and thus 12 years limitation ) - https://www.legislation.gov.uk/ukpga/1989/34/section/1

          it seems to be witnessed but I'm sure if that also counts as execution.

          pt2537


          ref shoosmiths claim

          "In any event, as the Guarantee has been signed and executed as a deed, our client has twelve years to bring an action against you, from the date on which the cause of action accrued, in accordance with Section 8(1) Limitation Act 1980.

          The cause of action accrued when our client issued a formal demand on ????, on 20 June 2011. On this basis, there can be no suggestion that our client is statute barred from recovering the outstanding liability due from you under the Guarantee.
          "


          Also any idea how the amount went up to £21k when you (as the business) had paid it down to £18k - do the statement show that ?
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #6
            No edit
            Last edited by platinum; 15th January 2019, 20:37:PM.

            Comment

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