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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
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Just to put you in the picture I had to put my ltd company

Resolved Question:

Just to put you in the picture I had to put my ltd company in voluntary liquidation about 1year 10 months ago. I was recommended to use a Company that help in these situations which is what I did I had several meetings with a senior partner of that company, and we got onto my personnel finances nothing to do with the old company.
I told him that I had got credit cards I really needed help with and he said he could help in getting me a final settlement at a much lower rate than I would be able to get. I had a large amount of money which I gave him / his company, to get settlements and pay them off.

After a 1 year and 8 months I start getting letters from the credit card companies again now even though No one from the company that was sorting the credit cards out had been in touch I thought that they had all been sorted. Not so, I rang the company up and was told that they could not get me any discounts on any of my cards, so I emailed them and told them that I no longer wish them to do any more work for me as I will sort it myself and could they please refund my money, this has now been requested several times and I have tried to arrange a meeting with the man that was sorting it out and he has been avoiding me not answering his phone this has gone on now for some 3 months the amount that was sent to them to sort my credit cards was £27,000.00 how do I get this back please help
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

How much of your money do they still hold?

Did they say they were taking it on account for your credit card debts?

Is it a limited company?

Kind regards

AJ
Customer: replied 2 years ago.

Hi Alex


 


They was given £27,000.00 and I have not been given anything back.


 


They told me that I had to give them the money before they could deal with my affairs as they have to tell the credit card companies that they are in possession of the funds.


 


Yes it is a ltd company.


 


The only contact I have had with them or / form them is on the first 2 months when giving them all information they needed.


 


They have not said that they could not agree settlements or kept me informed in any way.


 


Regards


 


Mick


 


 

Expert:  Alex J. replied 2 years ago.

Hi, Thank you. I am going to go away and write a response. It may take me some time so please do not be concerned if you do not hear from me right away. Kind regards AJ

 

P.S I will revert to you by this evening at the latest.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your patience.

My apologies for the delay in reverting to you my internet was down last night.

I just need to know one point - is this company registered or authorised by the FCA? It will say on their website.

Kind regards

AJ
Customer: replied 2 years ago.

Hi Alex


 


Sorry I was away all day yesterday.


 


I have had a Company check and they are registered with Companies House, however I have go to there web site and cannot find anywhere on the site saying anything about FCA.


 


If you need the company name to check yourself I have no problem in giving it to you.


 


I am in most of today so I will be able to reply.


 


Regards


 


Mick

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your patience and I apologise for the delay in my reply.

I have thought about this and ultimately the position can be summarised as follows:
- This is a straightforward breach of contract claim;
- You enagaged this company to provide a service;
- By not providing the service they are in breach of contract and arguably in breach of the implied terms under S.13 of the Supply of Goods and Services Act 1982 requiring them to provide the service with "reasonable care and skill";
- Ultimately what you have is a straight forward claim for money in respect of the loss you have suffered for the service not being provided and for the money you paid on account.

What I would suggest you do is write to them as follows:
1. Explain they have not provided the service;
2. Demand the return of your money paid on account for a specific service within the next 7 days;
3. Say if they do not you reserve the right to sue them at the county court and complaint to trading standards www.tradingstandards.gov.uk/


I wold note that you should call the FCA and find out if the company is regulated. Potentially they should be as they are holding client monies. www.fca.org.uk/

I would also consider the merits of reporting this to the police, if they have simply taken your money without reply, this is potentially fraud. I would only consider doing this once you have waited to see if they respond to you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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