Business Account -chasing Me For Guarantee

[dhoom]

Originally Posted by slick132

Hi Dhoom,

In the first image, what amount, if any, appears at the foot of the doc't as "the specified amount". £35k

In the last image, were all sections signed, witnessed, etc as necessary.

the copy they supplied me was signed by me and witnessed, but their section was neither signed nor witnessed

......................... ..........

[slick132]

Thanks Dhoom,

This has been flagged up and the Site Team will take a look. We'll get back to you asap but please be patient.

Now you've rec'd the Court claim brom Optima for the alleged debt, you MUST acknowledge the Claim within 14 days of Service - the form will specify when.

In the absence of any calculations as to how they arrive at the amount claimed, I think you should Defend the whole of the Claim.

You should get clear guidance on this in good time but it is YOUR responsibility to meet the Acknowledgement deadline.

[dhoom]

Originally Posted by slick132

You should get clear guidance on this in good time but it is YOUR responsibility to meet the Acknowledgement deadline.

Thanks, I will acknowledge to give further time for defence.

[slick132]

Can you please confirm the actual figures that appear on the Claim against you so we have a better idea of the interest and charges the bank are claiming in addition to the £35K.

[dhoom]

amount claimed 35k actual + 4500 int +court fees + 100(solicitors cost)= 40k

Please note for obvious reasons I am not putting the exact amount and rounding off to the nearest.

[slick132]

Hi Dhoom,

If it's decided the Ltd Co should reclaim the penalty chgs to reduce the overall debt to the bank, is this something you could do (ie do you have the authority as, say, a director).

Do you know the lenth of time over which the interest is calculated.

[dhoom]

I am in a position to reclaim the charges if I want to but they will probably pay this into the account anyway and won't make any differene to me.

Although the OD limit was say 25k they let it run to about 65k and the excess charges and penalties would be circa 20K.

[slick132]

Dhoom,

Re my last Q to you, am I right in assuming they bank is charging int't on £35K of the o/d which built up during and since 2006.

Obviously, any charges reclaimed would serve only to reduce the overall debt to Barclays. However, it may impact on the interest they are claiming from you.

[dhoom]

Sorry for the delayed reply.

They are only claiming interest on the guaranteed amount, they are obviously charging the company interest on the entire current borrowing which is more than the guaranteed amount.

[slick132]

Thanks Dhoom,

Please confirm the date by which you must lodge your Defence, so we can help with it if poss.

[steven4064]

Hi dhoom

Slick has asked a couple of us to help with the defence. Would it be possible for you to post the bank's Particulars of Claim (personal details removed, of course)

[dhoom]

Steven

POC as per post no.18

defence in by 11 April

thanks

[steven4064]

Sorry, I missed that - short and sweet

Going back to post #27, although on paper any charges reclaimed would go into the account and not hep you, there is an additional point - your claim would be that the charges were unlawful (ie they were penalty charges much greater than any loss suffered by the bank as a consequence of the breach that attracted the charges). If you counter claim for the charges that actually causes them a real problem because the next step is for the court to order full disclosure and that would mean the bank having to reveal their cost base in court, something they have absolutely refused to do so far. I think a counter claim might have some interesting results

Attack is the best form of defence

[dhoom]

Originally Posted by steven4064

Attack is the best form of defence

Thanks for looking in and yes I agree with you.

I have repeatedly asked them to give me a breakdown of their claim, but they have refused. All they keep on saying is for me to look at the companys bank statement.

[steven4064]

I think your best bet is a combined defence and counterclaim: defence based on the fact that figures are wrong because of bank charges and a counterclaim for those charges to be returned. Because of the values here, the case will be multitrack and hence the court can and will order full disclosure. That should cause the bank to think long and hard before proceeding. One thing is sure, they will not be prepared to reveal their costs in court. They will have to find some way around that - they may even drop the case.

If they do, you will still be able to continue with the charges claim and, although you personally will not get the money, it will reduce the company's debt.

[steven4064]

Here is an outline defence and counter claim

IN THE XXXXXXX COUNTY COURT CLAIM No: XXXXXX


BETWEEN

BARCLAYS BANK PLC CLAIMANT

AND


DHOOM DEFENDANT

----------------------------

DEFENCE AND COUNTERCLAIM

-----------------------------

Background

1. XXXXXX limited had an a/c no.22222222 sort code 123456 formally account no.123456787 code 123456 ("the Account") with the Claimant from date or thereabouts until date
.
2. The defendant was guarantor for the Account with a limited liability of £xxxx.

3. During the period in which the Account was operating the Claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of XXXX limited and also charged interest on the charges once applied. The Defendant understands that the Claimant contends that the charges were debited in accordance with the terms of the contract between itself and XXXXX limited.

4. A list of the charges ("the Charges") applied is attached to this defence and Counterclaim. The total including interest is £xxxx.

5. On or about date, XXXXXX limited defaulted on the overdraft associated with the Account leaving a balance of £xxxx. XXXX limited ceased tradi