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PPI Reclaiming discussion Part II

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  • marshallka
    marshallka Posts: 14,585 Forumite
    Di, try companies house again. I am sooooo dying to know if they were directors of the other Click. ;)
  • marshallka
    marshallka Posts: 14,585 Forumite
    zeblet wrote: »
    I have already gone to court with my case of misselling of PPI by LLoyds TSB on a loan and the distict judge adjourned the case and asked me to amend the POC and also to stipulate exactly who I was claiming from, I initially claimed from Lloyds TSB Insurance. I have now been advised that LTSB general insurance Ltd is the underwriter, LTSB Bank PLC is the agent and LTSB Insurance services Ltd is the Insurer so who do I claim from.
    My claim is for misselling on medical grounds and pre exixsting medical condition not being explained. Can anyone help with POC. I have to get this to court by Friday this week. any help will be greatly appreciated Thanks
    You claim from whoever actually sold you the policy. Which ever one did then make the claim about them (usually the agent ).
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Di, try companies house again. I am sooooo dying to know if they were directors of the other Click. ;)


    Hi hun


    Yep trying again wish me luck but I think its my card, rang the bank and they are hopeless !!!!!

    Now just to be double sure hun to make sure I get the correct information here, which lot do you strongly advise I should request ?;)
    There are so many choices........:confused:

    Times like this I wish I had a spare card, my credit card is no more, so have had to try debit card, hubby is waiting for his new debit card to come through because he has lost his....so the way its going when my son gets in I will give him the cash and he can order these for me, I've got a massive headache from trying all the time !! But dying to know !!!
    The bank just said keep trying because there is cash in the account of mine !!!!

    Its not my day again today !!
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Hi hun


    Yep trying again wish me luck but I think its my card, rang the bank and they are hopeless !!!!!

    Now just to be double sure hun to make sure I get the correct information here, which lot do you strongly advise I should request ?;)
    There are so many choices........:confused:
    Company accounts or annual return would have the names on.

    A copy of the most recently submitted Annual Return accepted by Companies House. If an amended Annual Return is submitted, the most recently received version will appear in the Most Popular Documents and Reports section, whilst the earlier version will appear in the Company Filing History section.

    The Annual Return is a snapshot of the Company at a particular point in the year. It contains information about the Registered Office Address of a Company and information about any serving Secretary or Directors.

    Latest return looks to be the one. You will have all the info direct by email.
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi hun

    I spoke to Companies house, they done this over phone for me for £3.00, and guess what ?
    And sent by email !

    It is that of S Teague & R Flannery.........:j :beer: .

    I am unable to copy and paste it as its an attachment, but will post as I go along !!!:D
    The one and only "Dizzy Di" :D
  • zeblet
    zeblet Posts: 16 Forumite
    Thankyou i presune I claim from Lloyds TSB Bank ltd then as i went into the branch and a member of staff instigated the loan/ppi.
    My claim is for misselling on medical grounds and pre exixsting medical condition not being explained. Can anyone help with POC. I have to get this to court by Friday this week. any help will be greatly appreciated Thanks
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Hi hun

    I spoke to Companies house, they done this over phone for me for £3.00, and guess what ?
    And sent by email !

    It is that of S Teague & R Flannery.........:j :beer: .

    I am unable to copy and paste it as its an attachment, but will post as I go along !!!:D
    Right, you may have them now.

    On companies house there is thing whereby you can search for disqualified directors.

    http://www.companieshouse.gov.uk/ddir/

    Put both names in and nothing. We need the actual legalities here to concoct another letter.:beer: :j

    I knew that Flannery was another:mad:
  • marshallka
    marshallka Posts: 14,585 Forumite
    zeblet wrote: »
    Thankyou i presune I claim from Lloyds TSB Bank ltd then as i went into the branch and a member of staff instigated the loan/ppi.
    My claim is for misselling on medical grounds and pre exixsting medical condition not being explained. Can anyone help with POC. I have to get this to court by Friday this week. any help will be greatly appreciated Thanks
    Hang fire on this and Tiggrae may be on later to help. She is good with this type of thing.
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Right, you may have them now.

    On companies house there is thing whereby you can search for disqualified directors.

    http://www.companieshouse.gov.uk/ddir/

    Put both names in and nothing. We need the actual legalities here to concoct another letter.:beer: :j

    I knew that Flannery was another:mad:


    Lol, okay thanks.

    Just pm'd ya too hun........:D
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    I don't know if this link is anything here

    http://www.insolvency.gov.uk/contactus/hotlineform.htm

    and read through this again

    PAGE 93 [FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]10.54 There is nothing in itself illegal or improper about directors of a failed company walking away and trying again with a brand new company. There is likewise nothing illegal about a new company being formed which has a very similar name to a company which has been dissolved. Nonetheless the law sees it as being against both the public interest and commercial ethics for directors of an insolvent company to continue their business activities in circumstances where they appear to be trying to delude past and prospective clients and customers into thinking that the defunct business is continuing. [/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]10.55 A new company which is formed in these circumstances is often referred to as a ‘phoenix company’ because of the false impression it creates that a company has risen intact from the flames of insolvency. [/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]10.56 Special safeguards exist to prevent directors of companies that have gone out of business from becoming involved in phoenix companies. Where a director becomes involved with such a company he or she will commit a criminal offence and may also be made personally liable for the debts of that company. [/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]10.57 Under section 216 of the Insolvency Act 1986, certain restrictions on future activity are placed on persons who have been directors or shadow directors of companies at any time during the 12-month period leading up to the entry of those companies into insolvent liquidation. Such persons may not, within a five year period beginning on the date of entry into liquidation, be associated with any company or business that carries on its business under a ‘prohibited name’ without the leave of the court. A name is a ‘prohibited name’ if it is either the corporate name or trading name of the company that went into liquidation or a name so similar as to suggest an association with that company. Specifically, a person subject to these restrictions must not, without leave of the court: [/FONT]
    [/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]• be a director of any other company which is known by a prohibited name either in its corporate name [/FONT][/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]or business name[/FONT]
    [/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]• in any way, whether directly or indirectly, be concerned or take part in the promotion, formation, [/FONT][/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]management of any such company[/FONT]
    [/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]• in any way, whether directly or indirectly, be concerned in or take part in the carrying on of business [/FONT][/FONT][FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]carried on by an unincorporated body under a prohibited name. [/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]A person who infringes these rules commits an offence (section 216 IA 86). [/FONT]

    PAGE 94 [FONT=NewsGoth BT,NewsGoth BT][FONT=NewsGoth BT,NewsGoth BT]10.59 It must also be borne in mind that the restrictions on directors apply not only to acting in respect of new companies formed after another company has gone into liquidation – this is the common understanding of the term ‘phoenix company’. The restrictions apply equally to acting in respect of existing companies and businesses. This means that persons who have been directors of two companies with similar names may find themselves in breach of section 216 once one of the two companies goes into insolvent liquidation. The restrictions can, therefore, have particular ramifications for group companies, many of which will have very similar names. [/FONT][/FONT]
    [FONT=NewsGoth BT,NewsGoth BT][/FONT]
    [FONT=NewsGoth BT,NewsGoth BT][/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]http://www.insolvencyhelpline.co.uk/insolvency-act/p04c10_2.php[/FONT]
    [FONT=NewsGoth BT,NewsGoth BT][/FONT]
    [FONT=NewsGoth BT,NewsGoth BT]
    [/FONT]
    [/FONT]
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