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Hi- we have two companies - a heating company - strong and ok, and a butchers - i sold and liquidated my legal enitity- ill break this down in two parts* -
Butchers we defaulted on 24,500 overdraft with Just cash flow - with a very long and detailed 'personal guarantee' on both of us , but documents write us in as primary lenders- not secondary. They are trying to call this is in, they* registered a unilateral notice in march before even calling in (ive applied to cancel) -letter before action , preaction protocol docs to filled out requesting multiple docments from them and denying debt -- and we are awaiting reply to large formal complaint due to us by now - so escalated to financial ombudsman (irresponsible lending to guarantors were are on tax credits , daughters DLA personally under CONC and misrepresentation, no legal advice etc especially on husband who doesnt work in business presumed undue influence etc)- they say however they filed court papers 27/04/2020- ive not had any , its after complaints made and no answer received , its also before prea ction protocol replies received which they had 30 days to reply that they sent me 11 april 2020. so are they bluffing about court papers to scare us - as ridiculous to do before all pre action protocol evidence and replies we have a right to and complaint answer to be sent by them.
Heating co- still going just defaulted end of last year originally had a 19500 business builder loan and 10500 overdraft - they had a debenture , after one year they wanted overdraft paid- but our bank lloyds wouldnt lend to us with a debenture against my company- just cash flow agreed to remove debenture and it was - then we paid off overdraft - leaving loan which at this point was down to about 12k- we went on a payment plan of 352 a month instead of 758 which they agreed , and have in writing interest stopped - covid happened sent a letter , saying £1 a month until we are back in work then we will go back to £352 as happy with that arrangement* - so just called* it all off and called in personal guarantee immediately on my husband. When letter before action came with st - they never stopped interest totalling over £ 1000 making debt higher - they lied to us (ive made a formal complaint for lack of communication, aggressive unfair collection practices etc, the acknowledged reciept 25/05/2020). they apparently have lodged a court claim 27/025/2020 (two days after complaint)- again no papers received and the response due from us on pre action protocol response sat on my desk is not due back in until 20/06/2020 and they need to answer our formal complaint*
in summary
these people are aggressive want charging orders etc and are going 100 mile an hour in covid when we are at our weakest. Heating co happy to pay at agreed rates if they didnt lie and took off the wrongly applied interest they charged and kept it interest fee till cleared - fallen on deaf ears
Butchers - happy to argue all my points in court- if only to draw it out for a year , and be difficult as they have been so aggressive and unreasonable, and believe our arguement would have a 50/50 chance of guarantee being unenforceable due to our complaints , unfair contract terms, presumed undue influence on husband, misrepresentation, irresponsible lending due to lack of due diligence etc.
My concerns
butchers - yes happy to go to court - but because of large amount - it would go to bigger court* and i run the risk of massive amounts of charges, fees etc being added over a year and debt growing massive
heating- happy to pay , dont want a ccj - they wont accept my proposals of payment and i believe court completely unnecessary and waste of courts time.- i will point this out to court.
what do we do? i believe they are acting unreasonable and beyond lending codes and all forbearance etc - i have money to negotiate full and final - but they dont engage with me at all. losing sleep and the will to live*
ive got other creditors to accept 20% full and finals on personal guarantees - some really nasty ones too
might add , not shirkers or avoiders - we had £70,000 stolen by a butcher manager - which caused the collapse of butcher company - and stripped money out of heating to repair to no avail.(we are in crown court with this) and yes we provided all this evidence to Just cash flow plc- no compassion
Butchers we defaulted on 24,500 overdraft with Just cash flow - with a very long and detailed 'personal guarantee' on both of us , but documents write us in as primary lenders- not secondary. They are trying to call this is in, they* registered a unilateral notice in march before even calling in (ive applied to cancel) -letter before action , preaction protocol docs to filled out requesting multiple docments from them and denying debt -- and we are awaiting reply to large formal complaint due to us by now - so escalated to financial ombudsman (irresponsible lending to guarantors were are on tax credits , daughters DLA personally under CONC and misrepresentation, no legal advice etc especially on husband who doesnt work in business presumed undue influence etc)- they say however they filed court papers 27/04/2020- ive not had any , its after complaints made and no answer received , its also before prea ction protocol replies received which they had 30 days to reply that they sent me 11 april 2020. so are they bluffing about court papers to scare us - as ridiculous to do before all pre action protocol evidence and replies we have a right to and complaint answer to be sent by them.
Heating co- still going just defaulted end of last year originally had a 19500 business builder loan and 10500 overdraft - they had a debenture , after one year they wanted overdraft paid- but our bank lloyds wouldnt lend to us with a debenture against my company- just cash flow agreed to remove debenture and it was - then we paid off overdraft - leaving loan which at this point was down to about 12k- we went on a payment plan of 352 a month instead of 758 which they agreed , and have in writing interest stopped - covid happened sent a letter , saying £1 a month until we are back in work then we will go back to £352 as happy with that arrangement* - so just called* it all off and called in personal guarantee immediately on my husband. When letter before action came with st - they never stopped interest totalling over £ 1000 making debt higher - they lied to us (ive made a formal complaint for lack of communication, aggressive unfair collection practices etc, the acknowledged reciept 25/05/2020). they apparently have lodged a court claim 27/025/2020 (two days after complaint)- again no papers received and the response due from us on pre action protocol response sat on my desk is not due back in until 20/06/2020 and they need to answer our formal complaint*
in summary
these people are aggressive want charging orders etc and are going 100 mile an hour in covid when we are at our weakest. Heating co happy to pay at agreed rates if they didnt lie and took off the wrongly applied interest they charged and kept it interest fee till cleared - fallen on deaf ears
Butchers - happy to argue all my points in court- if only to draw it out for a year , and be difficult as they have been so aggressive and unreasonable, and believe our arguement would have a 50/50 chance of guarantee being unenforceable due to our complaints , unfair contract terms, presumed undue influence on husband, misrepresentation, irresponsible lending due to lack of due diligence etc.
My concerns
butchers - yes happy to go to court - but because of large amount - it would go to bigger court* and i run the risk of massive amounts of charges, fees etc being added over a year and debt growing massive
heating- happy to pay , dont want a ccj - they wont accept my proposals of payment and i believe court completely unnecessary and waste of courts time.- i will point this out to court.
what do we do? i believe they are acting unreasonable and beyond lending codes and all forbearance etc - i have money to negotiate full and final - but they dont engage with me at all. losing sleep and the will to live*
ive got other creditors to accept 20% full and finals on personal guarantees - some really nasty ones too
might add , not shirkers or avoiders - we had £70,000 stolen by a butcher manager - which caused the collapse of butcher company - and stripped money out of heating to repair to no avail.(we are in crown court with this) and yes we provided all this evidence to Just cash flow plc- no compassion
