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Marcinlondon
Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 400
Experience:  Qualified Lawyer - 8 years experience
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Business debt, england, liaised with the finance company

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business debt
JA: Where is this? It matters because laws vary by location.
Customer: england
JA: What steps have been taken so far?
Customer: liaised with the finance company since 2018 and we are unsure on the contractual term son one of the agreements so really need some help with this
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that this has been ongoing since 2018 and that they now want the termination clause sent again but it's been edited? so we are unsure on this
Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
Please note that our discussion on this site is for general information purposes only and does not create a lawyer-client relationship. Thank you for your patience whilst waiting for my answer.
Customer: replied 14 days ago.
File attached (GV4MPG4)
Customer: replied 14 days ago.
File attached (5TS11QQ)

Thank you for your patience. If the termination clause is not the original clause you agreed to you should state so in writing.

If they refer to different terms and conditions than the ones you have signed up to, you can consider rejecting it and state your reasons for doing so.

Customer: replied 14 days ago.
the clause only covered the agreement we have a guarantee on 22494 - not the other agreement - i'm not sure whether we are liable for it on a personal basis? and they are now wanting the termination clause with both agreement numbers on? the pdf debt we believe we are not liable for - are we covered for that under the consumer credit act or not? they also will not give us a straight answer on this either
Customer: replied 14 days ago.
we don't have a guarantee on the other agreement - but i am unsure on whether the wording in that form acts as a guarantee without signing something separate to the agreement - it then says we are covered by the consumer credit act - and then says we are not as well so i really don't know

If that’s the case, you should state so in writing. I cannot review your agreement here in detail and give you a comprehensive legal advice.

However, if they triggered a guarantee in relation to agreement which is not covered by that guarantee – you should reject it in writing.

I would be surprised if you ere not covered by the consumer credit act !

*were not

Marcinlondon and 5 other Law Specialists are ready to help you

It was nice talking to you. I will call you again at 4.30PM today to dicuss as I need more time to look at the two agreemrtns.

Customer: replied 14 days ago.
thank you - please let me know if you need any other info

agreements

Will do!

Customer: replied 10 days ago.
Hi there, I’ve been waiting on a call back? Could you possibly call me back today anytime after 10:30am as I need to go back to the company as they have now chased me for a response. Thanks
Hello again, I did call back twice. If the system did not connect, I do apologise. I can call you at 12.30pm today. Please let me know if you are free then.
Customer: replied 10 days ago.
Yea perfect I’ll take my lunch break then. Thanks
Great. Speak to you soon.

Is there any chance you can make yourself available for a call now? I have a good availability until 12am. If not, I will call at 12.30pm.

Customer: replied 10 days ago.
I can do now as just out of the zoom meeting

Great, thank you. I will call shortly.

Customer: replied 10 days ago.
Dear all,Thank you for your email.We have always been in favour of you collecting the equipment for both agreement and again have been trying to organise this for the last 2 years.We cannot serve a termination notice on these agreements because we do not have any authority to do so on behalf of the company as it is no longer trading.Agreement 22494: The company has been dissolved and therefore we cannot serve notice on the agreement. The termination would not be able to be applied and therefore could you confirm where in the guarantee it states re the termination process. If this is to be applied on a consumer basis then by law the terms would be very unfair in that respect. We have always communicated since December 2018 that the equipment could be collected at any point; therefore we are agin stating that we are happy for the equipment to be collected and the proceeds of the sale you make to go towards that agreement.Agreement 22717: For this the agreement was done with ourselves under a company that is no longer trading; therefore because the company is no longer trading; we cannot serve a termination notice for this; therefore, again we are happy for the equipment to be collected and the proceeds of that sale to be offset against the agreement but nothing is payable under this agreement. We cannot serve the notice as Paul Short Hair as the company is no longer trading and we cannot serve the notice as individuals due to the fact that we have nothing to do with the company anymore.[NOT SURE WHETHER TO ADD THIS] If you are stating that there are monies owed, we need to determine what is owed in full for this agreement and how you have come to arrive at the total.At the bottom of the attachment the guarantees are there - one for me and one for paulAgain, thank you for your help so far and look forward to your response on this.

I will send it back to your shortly with a few amendments.

Slightly reworded it:

Dear all,

Thank you for your email. As you will note, we have always been in favour of you collecting the equipment relating to both agreements and again we have been trying to organise this for the last 2 years. This is clearly your failure and possibly you have waived your rights altogether to the equipment by not exercising your rights. We cannot serve a termination notice in respect of agreement with limited company because we do not have any authority to do so on behalf of the company as it is no longer trading, that is the Agreement 22494. The company has been dissolved and therefore we cannot serve notice on the agreement. Therefore, could you please confirm where in the guarantee it states re the termination process. If this is to be applied on a consumer basis then by law the terms would be considered unfair in that respect and in our opinion not enforceable. We have always communicated since December 2018 that the equipment could be collected at any point; therefore we are again stating that we are happy for the equipment to be collected and the proceeds of the sale you make to go towards that agreement.

Agreement 22717 This the agreement was executed under a company that is no longer trading as well; therefore because the company is no longer trading; we cannot serve a termination notice; therefore, again we are happy for the equipment to be collected and the proceeds of that sale to be offset against the agreement but nothing else is payable under this agreement. We cannot serve the notice as Paul Short Hair as the company is no longer trading and we cannot serve the notice as individuals due to the fact that we have nothing to do with the company anymore. If you are stating that there are monies owed, we need to determine what is owed in full for this agreement and how you have come to arrive at the total.