Court claim: Ascent Vs TRGZ2005

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

In relation to your earlier question regarding a CCA request, going back through this thread, there is a reference to both a personal loan and one where the borrower was a limited company and you signed a personal guarantee. The particulars of claim, however, refer to the guarantee and there's no mention of anything regulated by the CCA, the claim relates to a loan to the company and not a personal loan. Loans to limited companies are not regulated by the Consumer Credit Act and the CCA request would not apply.

On the CPR request you can ask for a copy of the formal demand and deed of guarantee, ( I already have this as when I complained they sent me this. But it won't hurt to ask solicitors I suppose?)
I can't see anything else mentioned on the particulars, they don't mention any credit agreement because the agreement was entered into by the company and not yourself, your liability comes under the guarantee and not the credit agreement as such. One more reason the CCA request wouldn't be applicable here.

Hi @Flaming parrot,
I took out a personal loan for a car 3 years prior while in full time employment, I then started my own limited company with my business partner.
The business loan was always a separate matter from the personal loan though the bank did try to merge them which I did not agree or acknowledge or sign any agreement. ( I have evidence.)
When the personal loan and or account default in 2008 that went to a 3rd party DCA which I paid off £50.00 a month until 2013
However in 2012 the bank took defaulted personal account back took £50.00 and put £22.06 into defaulted business account then gave personal account back to DCA which for some reason as my statement from DCA reads has left a - £27.94 on account statement from DCA? ( I had no knowledge of this and did not agree or pay it myself., And when I spoke to DCA this month requesting my final statement cheeky so and so's reckoned I owed them £27.94)
In May 2014 after I complained when the bank sent me a letter regarding £22.06 right of set off the bank investigated and said they used right of set off in April 2014 even thought the money was moved in 2012 10 months after completion of defaulted personal debt paid off via external agents. The SAR will be interesting as the bank stung me for loads of money every month for about 10 months in charges back in the early 2000's if I remember correctly.
Many thanks

[trgz2005]

Court claim: Ascent Vs TRGZ2005

Unable to edit first post if one of the LB team could assist in changing thread title to correct entity I would be very grateful.
Many thanks

[Kati]

Re: Court claim: Ascent Vs TRGZ2005

Unable to edit first post if one of the LB team could assist in changing thread title to correct entity I would be very grateful.
Many thanks

What do you want it editing to?? I'll do it

- - - Updated - - -

EDIT: sorted ... the thread is now called "Court claim: Ascent Vs TRGZ2005"

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Hi Kati, Hope you well.
Many thanks for your help again.
Kind regards

[Kati]

Re: Court claim: Ascent Vs TRGZ2005

Hi Kati, Hope you well.
Ascent vs trgz2005? is that a relevant thread title for where we are?
Kind regards

Sorted xx

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

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Who do I make the SAR request payable too? As i don't want them claiming that as a payment or any acknowledgement.
Also going forward do I still state on top of every letter that " I do not acknowledge debt etc..."

Many thanks @FlamingParrot for advice and support.
Kind regards.

The issue of acknowledging the debt is academic at this point because once a claim was issued, the clock would stop running for the purposes of limitation. Furthermore, once a debt becomes statute barred, it cannot be 'un-barred' in any way, not even by making a payment. The important point is if the debt was SBd on the day the claim was issued, then nothing can change that.

I have always used blank postal orders for SARs and CCA requests.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

SAR goes to the original creditor, for security the best method of payment is a postal order clearly endorsed " For Statutory Fee Only"
made payable to the original creditor.

nem

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Hi @Flaming parrot,
I took out a personal loan for a car 3 years prior while in full time employment, I then started my own limited company with my business partner.
The business loan was always a separate matter from the personal loan though the bank did try to merge them which I did not agree or acknowledge or sign any agreement. ( I have evidence.)
When the personal loan and or account default in 2008 that went to a 3rd party DCA which I paid off £50.00 a month until 2013
However in 2012 the bank took defaulted personal account back took £50.00 and put £22.06 into defaulted business account then gave personal account back to DCA which for some reason as my statement from DCA reads has left a - £27.94 on account statement from DCA? ( I had no knowledge of this and did not agree or pay it myself., And when I spoke to DCA this month requesting my final statement cheeky so and so's reckoned I owed them £27.94)
In May 2014 after I complained when the bank sent me a letter regarding £22.06 right of set off the bank investigated and said they used right of set off in April 2014 even thought the money was moved in 2012 10 months after completion of defaulted personal debt paid off via external agents. The SAR will be interesting as the bank stung me for loads of money every month for about 10 months in charges back in the early 2000's if I remember correctly.
Many thanks

First of all, set off should only apply to accounts held in the same capacity, any accounts you hold as a director, trustee, etc. are not held in the same capacity as a personal account so they shouldn't have taken money from a personal account to pay a business account held in the name of a limited company, although it could be argued that you offered a personal guarantee. Set off should also only relate to balances in credit, not overdrawn balances, i.e. the money offset should be your own money, not the bank's. All this is probably old history as the set off took place years ago. For the purposes of limitation, paying themselves shouldn't reset the clock, otherwise all creditors would make small payments to their own accounts to keep them alive.

As it is the limited company account they are suing for, and it was a current account rather than a loan, the CCA request does not apply.

With the SAR, some banks will argue they don't hold data older than six years, however, some people have been lucky and got statements as far back as 2001. :thumb:

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

Responding to your PM,

I'm still of the opinion that business and personal accounts are separate entities and set off against your personal account to pay a small amount into the business account is wrong.

Your SAR should be interesting I think as how the bank has justified this strange setoff.
The personal guarantee will muddy the waters but the banks random setoff of just £26+
I think raises fears of inappropriate actions surely if this was properly carried out the
bank would take as much as it could not just a small amount.
The passing back of an account to a DCA after they took the money is also suspect
in my opinion.
I have a distinct feeling that is going to down to a judge this on the balance of probabilities
my feeling is the bank has acted improperly.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Thanks [MENTION=55034]nemesis45[/MENTION] for your help and support I will certainly be welcoming your expertise and assistance regarding my defence.:thumb:
Wonder what the court will make of all of this.
I have done CPR and SAR request today and also will be curious how this prevails regarding both bank and legal.
I reckon all that is left to do is get my evidence all together and formulate similar as per the template [MENTION=37786]FlamingParrot[/MENTION] kindly advised.
http://www.legalbeagles.info/forums/...011#post494011
If anybody out there knows of any others that may help I would be most grateful.
Anyway it's all happening now might and one might as well be as proactive and organised and positive over it.
Many thanks all.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Hi trgz
I have asked someone else to look in on the matters we have discussed by PM another view may well
be very helpful.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Morning All,
Hope every body is well.
While researching defence templates etc I came across posts regarding noddle so I joined up last night.
(I already did experian have a very high credit rating with nothing untoward and it's clean as a whistle.)
On Noddle I got a good rating (not as good as experian mind) with the below showing on it regarding my current bank;
Balance historyHide details

2013	0	0	0	0	0	0	0	0	0	0	0	0
2012	0	0	243	0	0	0	0	0	0	0	0	0

I have no idea what the 243 means my bank who I had the pleasure of speaking to first thing this morning have no ideas and Noodle keep sending me a generic busy enail.
Any one shed any ideas? Is it something to be concerned about?
Thanks as always.
Kind regards.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Morning All,
Hope every body is well.
While researching defence templates etc I came across posts regarding noddle so I joined up last night.
(I already did experian have a very high credit rating with nothing untoward and it's clean as a whistle.)
On Noddle I got a good rating (not as good as experian mind) with the below showing on it regarding my current bank;
Balance historyHide details

2013	0	0	0	0	0	0	0	0	0	0	0	0
2012	0	0	243	0	0	0	0	0	0	0	0	0

I have no idea what the 243 means my bank who I had the pleasure of speaking to first thing this morning have no ideas and Noodle keep sending me a generic busy enail.
Any one shed any ideas? Is it something to be concerned about?
Thanks as always.
Kind regards.

Good morning trgz,

I think it's a balance figure either an opening (new account) or closing balance could this have anything to do with Ascent?

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Morning [MENTION=55034]nemesis45[/MENTION]
Hope you are well today and enjoying the sunshine.
I have printed off bank statements from March 2012 and nothing is untoward or shows up. I only had one bank account in my name only, never had any credit cards, no savings account no pension account, both the business and old personal accounts at the other bank where in default. All my bills, direct debits, amenities etc. all got paid without fail on the first of every month, I had a company phone and company car while in full time employment with employer at the time and lived within my means. DCA got paid every month without fail (for the record when bank moved money in September nothing shows up on bank statement just that months payment for personal loan. I got statements to prove that and I have DCA statement)
The bank have no idea what it is I'm hoping Noodle will have an answer there's nothing on Experian.
I'm at a loss and I'm kind of worried.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Hi trgz,

I don't think the 243 entry 3 years ago (historic) will have had or is having any negative effect.

For peace of mind of course press Noddle for an answer.

A thought is there no " hidden" explanation for the entry on the report?

nem