Hi firstly thank you for your replies, Ims21, the first he heard of the guarantee was in a phone call about not being able to view his personal account on line last week ( 15 months after his company liquidated.) He will definatly request paper work next step but is waiting for some form of written request or any contact from bank so he has a contact name etc ! Also the liquidator who was dealing with it informed all creditors, at the creditors meeting know body showed up. UKaviator, He has nothing to offer them, he has been unemployed since his business went so it really would not be the end of the world if they were to go for bankruptcy. Just one quick question.... If a bank is going to ask a creditor for a personal guarantee, would the creditor not need some assets to be able to secure the overdraft or would they just allocate it to his name ? if that makes sense. Thanks again in advance.

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can anybody advise ?

Hi, Im looking for some advice for a friend of mine. He had a business that had to be liquidated 15 months ago. It had an overdraft of £25k. When asked by accountant was he personally liable for any of the debt his honest answer was 'no' as it was a Ltd company. On that basis he was advised to liquidate. Now here is where it gets murky... Three and a half years ago the business began to really struggle, and my friend approached the bank to up his overdraft and was given two options, 1) Turn the existing business overdraft into a personal loan. £20k. and start fresh with overdraft. OR secure the new overdraft with the deeds for the building the business was based in ! ( the building belongs to his father.) He refused both options and borrowed some money from family to tide things over... Six months before he liquidated he had an annual call from the bank business relations manager asking how things where and if the bank could help in any way to which he replied well i could do with the overdraft upping to give me breathing space and they said no problem, call in later and i will have some paperwork ready for you... He states he absolutly does not remember at any point being asked to personally guarantee any overdraft facility ! Which having read round the net seems unlikely or unheard of. After 15 months of never having heard off any creditor including the bank, last week he found that he could not access his personal internet banking. He rang the bank and was told there was nothing wrong with his account it must be a glitch and to try later. Three days later and being passed from one department to another he is told over the phone that he has an outstanding personal garentee that he has not payed back and they have closed his account, they dont want him to bank with them any more ! He was to go and wait for the letter asking him how he wanted to pay them back. And that was that, no bank account, no money which im my opinion was stupid to think that personally carrying on banking with the same bank after the liquidation was going to be ok by them ! My main question to start with would be, would the bank not have an obligation to at least try to recover the overdraft from the liquidation process ? ie be represented at creditors meeting in person or in writing. It all seems very vague and casual but the business did have a very long standing relationship with the bank and in particular the branch. Not sure if that would make the slightest bit of difference. Thank you for looking, i have no knowledge what so ever on the subject and i think my friend relied quiet heavily on others advice (accountant etc).

Thanks Jadey !

Hi All, As promised i said i would update the thread with the outcome of this situation... I managed to get her an appointment with my local welfare rights advisory centre, one phone call by the advisor and the lady at tax credits did a complete U turn, she asked her to provide two pieces of information, which were faxed through to her the next day, and immediately claim re opened, tax credits reinstated. Many thanks for the advice x

Hi Astro, You say your condition was diagnosed as being degenerative. The reason i asked the question is 9 years ago after an accident i found myself in a wheelchair, and for the first couple of years i could wheel myself around all be it not the way most people of my age at the time without my existing condition would have been able to. And then the degeneration in my elbow & shoulder joints accelerated, my joints began to 'crumble' and arthritis set in really badly. The result is that i can barely use my arms now without a lot of pain, crunch and crumbling noises. The point to telling you this is, had i been assessed 9 years ago as fit for work how much quicker would i have been in this situation ? My condition will continue to deteriorate and had i still been able to walk my hips would have been in exactly the same condition as my arms. Thats why i recommended on the degenerative aspect of your particular condition. Teeny

grahamengineering Quote... teenyb, I have 2 pretty much knackered knees. The surgoen that looked at me said in an ideal world he would replace them, but due to my age he wont. I like your friend get lower back pain due to the way I stand compensating one leg over the other. But I genuinely don't believe this to be an excuse not to work. If ad when it gets to the stage I cannot do the manual part of my job, then I will accept that I will have to concentrate on a clerical side of it. My Father worked well into his 70's with similar problems along with a collapsed vertibrae in his back. I suppose it depends on your attitude to life. Graham, I sorry to hear about your knackered knees, and also your lower back pain but I admire your work ethic, and your resilience ! Its great that you have the the determination to 'Get Up And Go' ! I think you have pointed out where i and so many others are wrong ! Your absolutely right, a life on disability benefits is my personal life style choice ! I choose to sit at home on my backside all day, everyday. Right im off to have a word with myself. Clearly all i need to do is adjust my attitude to life and and speak to my doctor about '' getting an interest''. Thank you !

Hi Astro, You and i have similar conditions. I was faced with the dilemma weather to have my hips replaced at thirty and hope it worked, if it did work then i could grab maybe 10 years 'Quality of life'. The condition i have also affects all my Joints not just my hips and is degenerative, and i would concentrate on the meaning of that, ' the more you use, the worse it gets ' . Pain is there for a reason so when you wake up in agony in the morning, Atos say never mind that pain, come on up you get, walk on them hips, do a days work soft arse. Hey its going accelerate journey to a wheelchair but so what, you dont deserve quality of life your disabled ! Surly the government cant force people to hurt themselves physically can they ? Teenyb

Hi Astro, Could i just ask you at any point have you been told by your consultant that either of your conditions are ''degenerative'' ? teenyb

Hi All, I have today managed to get her an emergency appointment with our local welfare rights advisory service, so hopefully they will be able to act on her behalf or at least guide her in the right direction. I will update when i can as i have found that so frustrating myself when trying to find guides of what she should do on other threads. Thanks.

Hi if he had given her address for benefits i would have thought at some point something would have come through the post, maybe im wrong. She would never have known that he had given that address if they had tax credits not told her, Does she have a right to know if he has used her address for anything else ? Or would she just have to wait for next shock ? At the moment she has just two questions 1) who will look after my kids if something happens to me 2 how will i look after my kids in the coming months ? and im afraid i dont know how to answer either !

She does not have a clue if he claims benefits or not, she has never mithered him for money, but just in case i think hes a bit cagey. But on the other hand i suppose if he asked her about her finances she would not tell him. As far as work goes i told her to take time off but she tells me that she is only allowed so many sick days off a year and i think she said 16 and due to the problem in her stomach, she has exceeded those and was given a warning at work. The Fact we now know its a tumour does not make matter. Ironic really... she works for government ! Thanks for looking.

Hi, Thank you, Tax credits have not only decided he is her partner, but that she lives with him. They have decided also that she lived with him since the baby was born two years ago. And she has to sit and wait for the overpayment to turn up. We do not know if he has anything registered to his address she says she has not asked him. Tax credits asked her for an address for him so she provided that and when she sent all her proofs off they requested proof of his address , he had given here a letter from the friend where he lives confirming that he lived there, how long ect, He does not have a bank account, or any credit , pay as you go phone i would say this is probably because he seems to be in and out of work. I suspect he's a bit of a fantasizer to be honest, and up till now my friend did not care one way or the other as she said ' its not her problem' How wrong can a girl be ! He said that there must be a mistake, that he has not given her address ( his boss must be psychic then ! ) So who knows if he has done it previously ! Her immediate problem is that she should be in work tomorrow and cant go as she cant take the children to the child minder as she has no way to pay for it. She has no money at all because she used everything she had over Christmas and three children to feed. Any ideas welcome because i am stuck. Thanks

Hi, Thank you for replying, No she works, and until friday received Tax Credits, child Tax credits and childcare costs, but as far as i am aware she has always worked. Thank you again