Hi Mara13 In the end after mediation I made a payment to Screwfix that was less than they wanted, but more than I wanted to pay. I found mediation totally worthless. Not sure I can be of anymore help to you, wish I could. Lots of helpfull advice received via this site, but my advice form a solicitor was pay. Thanks

Hi Nick I wish it was good news, but in my case it is not. They took me to court and a hearing date was set. I agreed to arbitration and they did as well. I have to say that the process was not a lot of use really. The arbitrator just told me how good a case Screwfix believed they had and confirmed that they would proceed to court if I did not settle. My arguments seemed to fall upon deaf ears and I very much got the impression that I should make a offer to settle, as Screwfix were saying that if it went to a hearing they would seek extra costs from me. In the end I made a offer and they settled and the cheque went off the next week. I did use all the arguments that had been post on this site, but received a very long solicitors letter challenging each one. Like I said, not good news really, but I did manage to settle for less than they were originally asking for, but I do sometimes wish I had gone for my hour in court really. Regards Peter

Hi Teebos Can you post a update on your personal guarantee problem please. I have the same issue and am interested in how you are progressing. Many thanks onthefloor

Hi The Mould Again many thanks for the info. I do not have a copy of the terms and conditions referred to in the Trade Credit application, I only have the front sheet with my signature on. A previous post on here, also concerned Trade Credit Application forms that also sought to impose a personal Guarantee on the signer in their personal capacity even though the form was signed as a director of the company. Attached to that post was a link to a case in Scotland, where the courts ruled on appeal "that a personal guarantee in a contract is something which is not unusual, but if it is to be included, fair notice of it must be given to the person giving the guarantee" In this case the section signed by the director was headed in bold Guarantee and used the term "personal guarantee" and the courts held that was sufficient notice. The form I signed did not have a heading Guarantee and does not have the wording personal guarantee. Interestingly, the later versions of Screwfix's Trade Credit Account Applications ( i do not know when they changed) have been changed so that under Legal Requirements a new clause has been added in bold saying that I, the director, agree to guarantee performance of all the company's current & future financial obligations to Trade UK including any subsequent increases in credit limit. I can only assume that Screwfix have change the terms following challenges to their previous wording. I will as you suggest acknowledge the claim and submit a defence. Again thanks for the info and help OTF

Hi The Mould Mny thanks for the reply, I have been trying to attach the document again, but it keeps coming out the same very small size. I have now managed to attach a pdf file that hopefully will allow you to read it. You help is very much appreciated, especially as I have this morning received a small claims court for the alleged debt. Again many thanks Peter CCF08112011_00000.pdf

Hi All I know a previous post had a issue with a Credit Application Form that also sought to imposed a Personal Guarantee as well. I have a issue with a Credit Application Form that I signed back in early 2008 for a Screwfix Direct company credit account. Screwfix's solicitors are now chasing me because the company has gone into administration. The application form did not have a clause under the Legal Requirements section that this was also a personal guarantee, but did have the following wording above the signature box "I the director agree to guarantee performance of all the company's financial obligations to Screwfix Direct Ltd and its subsidiaries". I had signed tens of credit account applications during my time as a director, but never spotted the wording on this one. The comments from the previous posts seemed to suggest that because the section is not headed in bold "Guarantee" but "Agreement" and the signers attention is not specific drawn to the above wording, that this could be classed as "misrepresentation". I have used this argument with Screwfix's solicitors, which they dismissed, but hope that somebody has already had this same issue and have some more positive arguments that I can use in my case. I am hoping that poster toddle2u my be able to shed some usefull information. Any thoughts or advice would be very helpfull. onthefloor