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Statutory Demand Threat Personally For Company Account

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  • #76
    Re: Statutory Demand Threat Personally For Company Account

    Yes, that's what I read so it's not so clear cut as a personal SD seemingly;

    Originally posted by Amethyst View Post
    If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition.The company should seek legal advice before applying to the court.
    The fact remains though that there is no Court named anywhere on the form so how I defend it heavens only knows. I have no idea what to do now.

    Comment


    • #77
      Re: Statutory Demand Threat Personally For Company Account

      I'm asking for you. Get the set aside appl for the personal account sent in though.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #78
        Re: Statutory Demand Threat Personally For Company Account

        Okay. You need to continue negotiating with Ashley's for a settlement figure/repayment arrangement to avoid them applying for a winding up order. If they do put a winding up order in you can argue against in but as a business contract for 20k you will need to get professional assistance. Maybe give Richard at Howlett Clarke a call, you'll be able to find out your options from him http://www.qualitysolicitors.com/how...ard-schaverien but there would be solicitors costs involved if you wanted him to act for you/formally advise. There could be arguments on misrepresentation of the terms of contract (ie. the third party / the average turnover issues / the retaining 100% / the refusing to negotiate or accept you passing on the % from the PDQ takings etc.

        Small businesses really do end up stuck without any protection at all, they are expected to be as good at complex financial negotiation and contracts as the huge corporations - and it is very unfair.

        Definitely include in the personal set aside that you weren't advised to get independent legal advice before signing the personal guarantee.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #79
          Re: Statutory Demand Threat Personally For Company Account

          Hi Amethyst, I emailed my completed application for set aside of the personal SD to you the other day. But for adding that I was not advised to get legal advice, is the rest of it ok to submit?

          Gollum

          Comment


          • #80
            Re: Statutory Demand Threat Personally For Company Account

            Also, do I include evidence like the email communication to show that it was in dispute and the contracts etc? And is there a Court cost to submit it?

            Comment


            • #81
              Re: Statutory Demand Threat Personally For Company Account

              Yes, anything you include you need to mention in the statement and add the COPY documents as Exhibits. Otherwise yes it is fine and shows there is a clear dispute over the debt and contract.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #82
                Re: Statutory Demand Threat Personally For Company Account

                Thank you

                Comment


                • #83
                  Re: Statutory Demand Threat Personally For Company Account

                  I'm back!

                  Is there any way this thread can be made private? I'm concerned that posting specifics about my situation could jeopardise the outcome.

                  Many thanks
                  Last edited by gollum; 14th December 2014, 22:09:PM.

                  Comment


                  • #84
                    Re: Statutory Demand Threat Personally For Company Account

                    Hi,

                    Could I please trouble one of you good people to help me suss out the FSA standing of this outfit? In Amethyst's post #48 she found that they were part of a group, Ultimate Finance Group PLC in Bristol, and that Ultimate Finance PLC had interim permission. I've checked the register again and the status appears to have changed. When searching for 'Ultimate' there are 2 seemingly connected entries:

                    Ultimate Finance Group Plc BS32 4TD
                    Ultimate Finance Limited
                    No longer registered as an Appointed Representative
                    Ultimate Finance Limited BS32 0BQ
                    Registered (AML only) Y
                    Could someone please explain the above for me?
                    Also, can Ashley Business Cash Ltd, a separate ltd company registered in Manchester, inherit authorisation of its parent company or does it need its own registration?

                    Thanks.

                    Comment


                    • #85
                      Re: Statutory Demand Threat Personally For Company Account

                      Just looked at Ultimate Finance PLC and in their footer it says they are owned by yet another company!

                      Copyright © ultimate finance group plc | Registered address: First Floor, Unit 1, Westpoint Court, Great Park Road, Bradley Stoke, Bristol, BS32 4PS
                      Registered in England and Wales No. 4350565 | Ultimate are wholly owned by Inspired Capital plc (LSE:INSC) | Complaints Procedure

                      Very confusing!
                      Last edited by gollum; 16th December 2014, 18:05:PM.

                      Comment


                      • #86
                        Re: Statutory Demand Threat Personally For Company Account

                        Hi Gollum, How are things going? Did the SD get set aside?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #87
                          Re: Statutory Demand Threat Personally For Company Account

                          Originally posted by gollum View Post
                          Just looked at Ultimate Finance PLC and in their footer it says they are owned by yet another company!

                          Copyright © ultimate finance group plc | Registered address: First Floor, Unit 1, Westpoint Court, Great Park Road, Bradley Stoke, Bristol, BS32 4PS
                          Registered in England and Wales No. 4350565 | Ultimate are wholly owned by Inspired Capital plc (LSE:INSC) | Complaints Procedure

                          Very confusing!

                          Just to make it more confusing ''Inspired Capital is the new name for Renovo Group PLC.''
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #88
                            Re: Statutory Demand Threat Personally For Company Account

                            FCA Interim on that postcode M2 3FX

                            A2Z Loans Limited SK4 1BS /
                            M2 3FX
                            a2zloans, Alphabetloans, Theloanwizard;loanz365.co.uk;loanz2u.co.uk loanz-compare.co.uk Multi-loans.co.uk Jediloan.co.uk Liquidfinancial.co.uk Theborkertree.co.uk Themoneyserver.co.uk;jediloans.co.uk;magicfinance. co.uk, compassloans.co.uk,
                            Scott Richardson Limited
                            No IP issued
                            Consumer Debt Solutions Ltd M2 3FX /
                            M2 3FX
                            Business Debt Solutions, Loan Solutions;Acura Credit Counselling
                            No IP issued
                            Debts SOS Limited M2 3FX /
                            M2 3FX
                            Money in control;Money Matters Made Easy;Home Owners in control;Money Matters Made Easy;Loan Loan Loan; Money in Control
                            No IP issued
                            Money Simply Matters Ltd BL9 5BN /
                            M2 3FX
                            Debt Lighthouse, Debt Simply Matter;debt advice centre;write off my debts;bankruptcy Centre;money advice line;debt advice service;debtline advice
                            No IP issued
                            Secure My Money Limited SK11 0LP /
                            M2 3FX

                            Which all sound like fine upstanding companies.

                            --------------------------------------------------------------------------------------------------------------------------------------
                            This was the response from the FCA previously


                            Thank you for your email of 13 June 2014 and for contacting the Financial Conduct Authority (FCA) regarding your query.

                            Your email queries about several companies who lend to business and you asked whether they need authorisation with the FCA.

                            Both Ashley Business Cash Limited and Ultimate Finance Group Plc are firms that hold consumer credit licences and therefore they are registered with the FCA and can be found on the FCA's Consumer Credit Register. I have provided a link to this register below.

                            http://fca-consumer-credit-interim.f...rSearchPageNew

                            I could find no details about Ashley Commercial Finance and you may wish to query the status of this particular firm with the company directly.

                            I hope that you have found this information helpful. If you have any further queries, please feel free to contact our Consumer Helpline on 0800 111 6768; or alternatively you can find more information on the FCA website at www.fca.org.uk

                            Yours sincerely

                            Michael Bailey
                            Customer Contact Centre
                            Financial Conduct Authority
                            Consumer Helpline: 0800 111 6768
                            ----------------------------------------------------------------------------------------------------------------

                            Firm Name: Ashley Business Cash Limited
                            Interim Permissions Reference Number: 651779
                            Current status: IP issued
                            Register Status Effective Date:
                            End Date:
                            Firm Reference Number:
                            Principal Place of Business Address: First Floor, Unit One westpoint court Great Park Road Bradley Stoke
                            Bristol
                            South Gloucestershire bs324ps
                            Registered Office Address: First Floor, Unit One westpoint court Great Park Road Bradley Stoke
                            Bristol
                            BS324PS
                            Phone:
                            Fax:
                            Website:

                            Contact:
                            Contact Email:
                            Danielle Jewell
                            djewell@ultimatefinance.co.uk
                            Firm Name: Ultimate Finance Group Plc
                            Interim Permissions Reference Number: 524030
                            Current status: IP issued
                            Register Status Effective Date:
                            End Date:
                            Firm Reference Number:
                            Principal Place of Business Address: First Floor, Unit one Westpoint Court, Great Park Road, Bradley Stoke
                            BRISTOL
                            Bristol bs324ps
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #89
                              Re: Statutory Demand Threat Personally For Company Account

                              Well I'm even more confused now!?

                              Yes, Amethyst it did get set aside but a lot has happened since then and I am still battling with them.

                              I asked earlier if this thread could be made private. Is that a possibility?

                              Many thanks, Gollum

                              Comment


                              • #90
                                Re: Statutory Demand Threat Personally For Company Account

                                Hello and a Happy New year to everyone.

                                After a relaxing Christmas, I now have to begin dealing with this again so I'm just trying to get my head round what the FCA registration may mean for me.

                                Bearing in mind that the original 'loan' from Ashley was technically a Sale & Purchase agreement between my Ltd Company and Ashley, does them being regulated under the Consumer Credit Act even have any bearing at all? As they required me to sign a personal guarantee, such as it was, and they are now coming at me personally for the balance, will that be regulated under the CCA?

                                I'm just trying to understand what their standing is/was and how it effects me now. Ashley Business Cash Ltd appear to have moved from Manchester now and registered at Bristol



                                Ashley Business Cash Limited
                                651779
                                IP issued
                                First Floor, Unit One westpoint court Great Park Road Bradley Stoke
                                Bristol
                                South Gloucestershire bs324ps
                                First Floor, Unit One westpoint court Great Park Road Bradley Stoke
                                Bristol
                                BS324PS

                                Danielle Jewell
                                djewell@ultimatefinance.co.uk

                                Firm name: Ashley Business Cash Limited
                                Interim Permissions reference number: 651779


                                Consumer credit business Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement. Active
                                No right to canvass off trade premises


                                Many thanks, Gollum

                                Comment

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