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Business Debt
BobProperty
Posts: 3,245 Forumite
I haven't seen the letter yet but I was informed this morning that a debt recovery company has written to my company saying we owe them £8,500. I know what this is in connection with, it's a vehicle lease. (and before anyone asks, no the company doesn't owe them £8,500, they actually owe us a few quid). As far as I can tell the consumer rules don't apply as it is business to business. The questions are therefore:
Am I on my own on this and I have no statutory right to get them to prove they now own the debt?
Is this in the right forum?
Am I heading for the situation "The Rutles" found themselves in (i.e. sueing everyone) as this has arisen because another company never sorted out the agreement this debt relates to, although they took over the agreement and paid it for several months.
Also what is the procedure and legal situation over them not getting my name right? Surely if you take someone to court but get their name wrong the defence is firstly that you shouldn't even be there and the case should be thrown out as they can't get the details right. Or do you let them take the case to court, don't defend it, as it isn't you named in the proceedings, and then point out to whoever comes to enforce it that they've got the wrong person on their paperwork.
Comments or forum move welcome. Thanks in advance.
Am I on my own on this and I have no statutory right to get them to prove they now own the debt?
Is this in the right forum?
Am I heading for the situation "The Rutles" found themselves in (i.e. sueing everyone) as this has arisen because another company never sorted out the agreement this debt relates to, although they took over the agreement and paid it for several months.
Also what is the procedure and legal situation over them not getting my name right? Surely if you take someone to court but get their name wrong the defence is firstly that you shouldn't even be there and the case should be thrown out as they can't get the details right. Or do you let them take the case to court, don't defend it, as it isn't you named in the proceedings, and then point out to whoever comes to enforce it that they've got the wrong person on their paperwork.
Comments or forum move welcome. Thanks in advance.
A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.
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Comments
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Hmmmm don't know alot about business to business debts etc but if I were you I'd put together your evidence abotu THEM owing YOU money and include photocopies of documents where ever possible including contracts about the lease etc relating to the vehicle. Send this to the deb collection agency and advice them that you do not owe this company anything and any attempt to remove property from your company will result in you reporting them for theft and the company who has instructed them for fraud (Obtaining goods or money under false pretenses or with information known to be false).
Then I would get all the above together and contact a solicitor or such and get this £8500 argument settled once and for all. As it's above £5000 I don't think you can go through the small claims court but I am sure others can advice you on that
DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
The "them owing us money" bit probably only amounts to less than £100 which is why I have not bothered following it up. This is compounded by the fact that I currently can not get hold of the paperwork relating to this. I suspect the amount of £8500 is the total remaining amount of the lease. There are a number of problems if they think this is owed, not least is that the firm that took over the lease continued to pay it, so they aren't out of pocket. I can hardly afford to engage a solicitor at present to sort this out. Thanks for your input.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
What's your accountants view on this? If the leasing co owes you, or you owe the leasing co isn't it something your accountant would have recorded in your accounts?0
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Hi
It might be helpful to speak to Business Debtline (free organisation) on 0800 1976026 https://www.bdl.org.uk
HTH0 -
Dora - I haven't had the chance to discuss it with him yet. The accounts aren't done yet for that period. We are talking Ltd Co here.
munchies - I'll have a look at that site and call them on Monday - I'm guessing they aren't a 24/7 service.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0
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