Small Claims Problem ?!?

[efpom]

No - It is a commonplace for a lender to place what is called a (floating) charge on the assets of a business,so as to secure the money he has lent to the business.

Where the assets include land or buildings on the land that is owned, rather than leased, by the business , the lender will register the charge with the land registry to ensure that he, the lender, is not put in the position of having the asset(s) sold off by the business, without his knowledge and consent to that sale.

A similar thing happens when someone buys a dwelling with the aid of a mortgage - The mortgagee - the lender, will have a (fixed) charge over the dwelling and will register that charge with the land registry.

One aspect of the 'deliciousness' is that you can issue a statutory demand on Annabella Limited, provided the debt is £750 or more. You can threaten to do that coupled with the threat to notify the bank if you do issue a statutory demand. That threat may persuade Andreas and Bobbie, as directors of Annabella Limited to pay up, as they are likely not want to have a situation where the bank requests immediate payment of the loan.

[syvonne]

Thanks Efpom, this sounds great ... so would you suggest a letter or email ? ... and how would you highlight this ? .... are there certain legal acts that would have to be quoted ?

Thanks

[efpom]

would send it by post to the registered address of Annabella Limited, marked for the attention of the directors - proof of posting free from the Post Office. Suggest you post up your draft.

[efpom]

https://www.gov.uk/statutory-demands

[syvonne]

Hi Efpom, so am I drafting a letter to "threaten" going the route of a statutory demand or am I actually issuing a statutory demand using the above link ? .... thanks

[efpom]

Threaten.

[efpom]

You may wish to consider writing along the following lines.
--------------------
I refer to the money you owe me, and record my disappointment that you failed to properly identify the firm that you say that I had a contract with.
Be that as it may, the purpose of my present correspondence is to put you on notice that I intend to serve a statutory demand if the debt is not paid within the next 14 days. If that happens it will be incumbent upon me to provide a copy of that to the creditor described in Charge code 0464 4507 0003 – Bank of Cyprus(UK) Ltd.
---------------

[syvonne]

Thoughts please ?

Thanks



Dear Andreas & Bobbie Kalavanas,

I once again refer to the money you owe us, and record my disappointment in you failing to properly identify the company, and company number as to whom our contract is held with.

This correspondence is to put you on notice that I intend to serve a Statutory Demand if the £1,000 deposit is not refunded in full, within 14 days.
Furthermore, if a Statutory Demand is served it will be incumbent upon me to provide a copy of this demand to the creditor listed in charge code:

464 4507 0003 – Bank of Cyprus (UK) Ltd.

Regards,

[syvonne]

Hi Efpom, when you get chance would very much appreciate your comments on the above drafted letter .... many thanks

[efpom]

Sorry - overwhelmed with other matters.
Suggest you write the following
--------
To
Andreas Kalavanas and Bobbie Kalavanas
as natural persons and as Directors of Annabella Limited.

I confirm and adopt my previous correspondence and record my concern that you have failed to properly identify the company and expressly it’s company number, that you assert is the other party to the contract. In all contracts between a consumer and a trader as a matter of law it is incumbent upon the trader to identify himself prior to entering into the contract.

In view of your deliberate obfuscation of who the other party to the contract was, I hereby put you on notice that I intend to serve a Statutory Demand on Annabella Limited if the £1,000 deposit is not refunded in full, within 14 days of the date of this letter.

Furthermore, if a Statutory Demand is served it will be incumbent upon me to provide a copy of this demand to the creditor listed in charge code:
464 4507 0003 – Bank of Cyprus (UK) Ltd.
For the avoidance of any doubt, my writing and any issue of a statutory demand on Annabela Limited is not to be construed as any admission by me that the other party to the contract was Annabella Limited.
---------

[efpom]

The "bold" should be removed"

[syvonne]

thank you, that’s brilliant, very much appreciated

[syvonne]

Hi Efpom,

Received a letter back from Moxhull Hall this morning, they confirmed the receipt of our letter and then stated that they believe they have responded to our communications and provided all necessary information and offered a fair and reasonable compromise as a means of resolution.

Do I now proceed with a statutory demand or file a court claim ??

Many thanks

[efpom]

Please post up the document you received - suitably redacted.

[syvonne]