Business C/C

[lookingforward]

Hi everyone,

My better half is being chased for a business credit card debt from our defuct business.
Quick background.
Our business went bust in 2008 so this card was from late 2007 or more likely early 2008. Business was a partnership.

Apart from the initial flurry of letter late 2008, early 2009 she'd heard nothing until this Jan when Incasso got in touch chasing her.

She promptly sent off a CCA request with the £1.00 payment (tracked as delivered 29.1.13) and heard nothing until today when they've sent another letter demanding payment within 14 days or legal action will be commenced (no "may" in the wording). Letter is dated 27.3.13 so 14 days is a week today.

Do the normal rules apply to a business card ?

I'm assuming she should send off this ?

http://www.all-about-debt.co.uk/inde...nce-litigation

Thx

[lookingforward]

Re: Business C/C

Should have added last payment was in 2010 and balance is under £500.00

[Deepie]

Re: Business C/C

I would send them this if it were me ----> CCA Reminder - Unenforceability Threat

[lookingforward]

Re: Business C/C

I would send them this if it were me ----> CCA Reminder - Unenforceability Threat

Thanks I2D it was the "legal action WILL be commenced" bit that made me choose the threat of legal action template"

Using your one, I assume I take out all the last paragraph as the last payment was in 2010, so there's no considering cessation pf payments

[mgfboy]

Re: Business C/C

I think your find that the credit card debt will be a liability that is still owed by the partners on a joint basis.

[lookingforward]

Re: Business C/C

I think your find that the credit card debt will be a liability that is still owed by the partners on a joint basis.

I agree, providing they can come up with the correct docs of course

[Deepie]

Re: Business C/C

Thanks I2D it was the "legal action WILL be commenced" bit that made me choose the threat of legal action template"

Using your one, I assume I take out all the last paragraph as the last payment was in 2010, so there's no considering cessation pf payments

Yes that's correct ....

In my personal experience I don't think they will do much for under £ 500.......

I would also put this bit in.......

Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time. You will soon find out that all judges will listen to my argument when I quote the relevant acts of the CCA to them, also pointing out the recent McGuffick and Carey cases which confirmed that a lender should submit upon request a valid true copy of the original CCA. Yes, you are allowed to report the account "conduct" to the Credit Reference Agencies, but you may not enforce this agreement until you fully comply with the provisions set out within the Act, taking into account the recent Judgments and the history and case notes within said judgments. I appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipulates a reconstituted agreement can be provided; however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced. Similarly, in line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that you, as a creditor / debt collection agency the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

[lookingforward]

Re: Business C/C

Thank you, done.

Off to the P.O. now

[mgfboy]

Re: Business C/C

I agree, providing they can come up with the correct docs of course

So true

[lookingforward]

Re: Business C/C

Incasso have responded ack the req for a copy of the orig agreement and statements under s77/78 however all requests of this nature must be requested from our client IDS Colections (on behalf of MBNA). therefore pls find enclosed your correspondance and chq for £1.00

The request was sent to Incasso in Jan when they threatened action wih a postal order for £1.00 and I have online proof of delivery.

They have not enclosed any correspondance or a £1.00 cheque.

Do you think it best to hold fire and see if they leave it assuming I'll be asking for docs from the other mob, or write a letter asking for my correspondance and postal order to enable me to write to IDS as they state in their letter ?

Thx

[lookingforward]

Re: Business C/C

Any views please.

Thx

[lookingforward]

Re: Business C/C

In the absence of any other thoughts I'll ignore for now and if they chase me again I'll say I haven't received my correspondance or postal order back.

[MrsD]

Re: Business C/C

that's what i would do.

they are talking tripe, and i think they will be backing off for the moment and it'll get shunted off to someone else, hang in there and see what happens

[Deepie]

Re: Business C/C

In the absence of any other thoughts I'll ignore for now and if they chase me again I'll say I haven't received my correspondance or postal order back.

that's what i would do.

they are talking tripe, and i think they will be backing off for the moment and it'll get shunted off to someone else, hang in there and see what happens

That's what I would do too...........

[lookingforward]

Re: Business C/C

Thank you both. Leave for now it is.