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Credit card debt from Ltd Company account advice.

124

Comments

  • styeffo
    styeffo Posts: 71 Forumite
    Thanks for your continued advice, i shall type something up Monday i'll not let them ruin my weekend.

    Devils advocate here, but what is the worst they could do?
  • NickX
    NickX Posts: 3,046 Forumite
    styeffo wrote: »
    Devils advocate here, but what is the worst they could do?

    They cannot do anything, they have no rights.

    The only potential issue is the one that jonesMUFCforever alluded to, and this is if you personally underwrote the Credit Card whilst working for the Limited Company. If you did this :

    (a) I am sure you would know about it as you would have had to sign the agreement.

    (b) They would produce a copy of the agreement to prove your liability.

    As it stands they have not provided any evidence that you are liable, therefore they have no rights.

    If a complete stranger kept making telephone calls to you that were getting annoying, what would you do ?

    Well the same applies to this debt collection agancy, without the paperwork they have no more rights than the complete stranger.
  • styeffo
    styeffo Posts: 71 Forumite
    (a) I am sure you would know about it as you would have had to sign the agreement.

    I did sign something, but was at no time told that is was a "guarantee" of any sort, and we were told it was a LTD company card.
  • jonnyb
    jonnyb Posts: 601 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Would you doing this not be a breach of your employment terms?

    I don't know, but I doubt it. The data is public data, and I am not selling it, or even giving it to somebody who would otherwise have bought it, so I can't see the harm.
    Karma is a wonderful thing. ;)
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jonnyb wrote: »
    I don't know, but I doubt it. The data is public data, and I am not selling it, or even giving it to somebody who would otherwise have bought it, so I can't see the harm.
    It might be public data but Experian have responsibilities under the Data Protection Act that information is only given out in the right circumstances - it is my opinion that answering a query on a public forum does not constitute that circumstance.

    I'm only thinking that the person could get into trouble here by trying to help.
  • jonnyb
    jonnyb Posts: 601 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thanks for your concern. However, the DPA only governs data that relates to individuals; it does not apply to Limited companies.

    Besides, it's a moot point, as the OP has not supplied the details of the company involved.
    Karma is a wonderful thing. ;)
  • styeffo
    styeffo Posts: 71 Forumite
    To be honest, i'm kinda pondering at the moment, thanks for the offer jonnyb i may take it up....
  • styeffo
    styeffo Posts: 71 Forumite
    Do i just request proof of liability, if so what exactly shall i ask for...

    I assume CCA, but how do i go about it?

    What should i avoid saying, if anything that could be a problem?

    Thanks in advance.
  • NickX
    NickX Posts: 3,046 Forumite
    styeffo wrote: »
    Do i just request proof of liability, if so what exactly shall i ask for...

    I assume CCA, but how do i go about it?

    Here is a template letter requesting the CCA :

    http://www.nationaldebtline.co.uk/england_wales/temp/6707_37401.pdf

    If you go to that site www.nationaldebtline.co.uk and go to the template letters, there is one to cover almost any situation and they all look very professional accurately quoting the law.

    These should help you out. Good Luck.
  • NickX
    NickX Posts: 3,046 Forumite
    This one may be more suitable in your circumstances actually :

    http://www.nationaldebtline.co.uk/england_wales/temp/6705_44171.pdf
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