Credit card debt from Ltd Company account advice.

styeffo

"Have they provided any evidence whatsoever to suggest that you should be liable ?"

Not a bean, i had NO other correspondence from them either, during the 4 months.

So i have not invalidated my request as regards writing, i take it.

Incisor

styeffo wrote: »

"Have they provided any evidence whatsoever to suggest that you should be liable ?"

Not a bean, i had NO other correspondence from them either, during the 4 months.

So i have not invalidated my request as regards writing, i take it.

You took it upon yourself to ring them, Tempting as it might have been, it does allow them to invoke the sauce for goose and gander argument.

NickX

styeffo wrote: »

"Have they provided any evidence whatsoever to suggest that you should be liable ?"

Not a bean, i had NO other correspondence from them either, during the 4 months.

So i have not invalidated my request as regards writing, i take it.

Well, it was a mistake to ring them, but you are still in the right and don't lose sight of that.

Write to them again requesting that all communications are in writing, that you do not acknowledge the debt and that they have no right to be making contact with you at all.

If they continue to call several times a day, then definitely report them.

You have a right not to be harrassed and are within your rights to lodge a claim against them for such behaviour.

They have no rights to demand payment from you on a debt that they cannot evidence any liability for.

styeffo

Incisor wrote: »

You took it upon yourself to ring them, Tempting as it might have been, it does allow them to invoke the sauce for goose and gander argument.

I did this after receiving a postcard that just stated "Ring **** Urgently"

That was it, and my wife wasn't going to be happy unless i rang....damned if i do, damned if i don't.

styeffo

I have just received a phone call from Link Financial, enquiring as regards whether i have proof of the business ceasing trading which i don't as i was not there.

I was then asked who they speak to regarding the debt, and told they would send me paperwork out to look at.

What paperwork could this be and am i obliged to answer?

I have been told that no longer being a director i have no power to act for the company, so what should i do or not do?

NickX

styeffo wrote: »

I have just received a phone call from Link Financial, enquiring as regards whether i have proof of the business ceasing trading which i don't as i was not there.

I was then asked who they speak to regarding the debt, and told they would send me paperwork out to look at.

What paperwork could this be and am i obliged to answer?

I have been told that no longer being a director i have no power to act for the company, so what should i do or not do?

What a bunch of *****s !!

They can contact Companies House with regard to the business ceasing. They can also find out who the Directors and Company Secretary were at the time of ceasing.

You are not obliged to answer them unless they have provided a signed CCA (Consumer Credit Agreement) indicating your liability for the debt.

They appear to be ignoring your request to keep communications in writing. Perhaps Trading Standards would like a word with them.

styeffo

NickX wrote: »

What a bunch of *****s !!

They can contact Companies House with regard to the business ceasing. They can also find out who the Directors and Company Secretary were at the time of ceasing.

You are not obliged to answer them unless they have provided a signed CCA (Consumer Credit Agreement) indicating your liability for the debt.

They appear to be ignoring your request to keep communications in writing. Perhaps Trading Standards would like a word with them.

I reiterated the writing request and feel they will now comply, but as regards the rest do i just write a letter and send it restating what i've already stated?

Would you recommend i do NOT open this paperwork?

NickX

styeffo wrote: »

Would you recommend i do NOT open this paperwork?

Well not knowing what they are sending, it is difficult to know but I am guessing its not going to be particularly pleasant stuff.

If they send it recorded delivery, special delivery, courier, by hand then do not accept it. Tell the postman or courier that you do not accept the package and simply refuse to sign.

If they attempt to deliver by hand, then do not touch the package, if you do you have accepted it, if you don't then you haven't.

To be honest, I am amazed that they are still trying to get repayment from you when the debt clearly lies with a Limited Company and every creditor knows that it is the company or its administrators that needs to be approached for the debt. They simply do not have a case. I would just tell them this and unless they can prove otherwise ignore them. If they persist then its harassment.

styeffo

"I am amazed that they are still trying to get repayment from you when the debt clearly lies with a Limited Company and every creditor knows that it is the company or its administrators that needs to be approached for the debt."


The problem is, as far as i'm aware the company wasn't formally closed as there was no way it could be paid for....

So i guess it still exists as an entity, but the building is empty and the stock and assets have long since gone.....

NickX

styeffo wrote: »

The problem is, as far as i'm aware the company wasn't formally closed as there was no way it could be paid for....

So i guess it still exists as an entity, but the building is empty and the stock and assets have long since gone.....

This raises a few questions :

(a) Is there still a Bank Account ? If not what happened to the funds or who settled any overdraft ?

(b) Who is the Company Secretary quoted at Companies House ?

(c) Who are the Shareholders ?

(c) Has the company filed up to date returns ?

All this information is available from Companies House website.

It is still the case that the Limited Company is liable for the debt and NOT an individual, but if the company still exists then it is the responsibility of the Company Secretary to deal with the accounts and and creditors.

Ultimately if the business still exists then the shareholders are the owners and they could be called upon to settle its debts.

However as you left the business before its demise this really is nothing to do with you, and the creditor should be determining these facts. They seem to think that they can still get the funds from you through the use of aggressive tactics.