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MarkThomas123

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  1. Unsecured. Have had a letter from Lloyds saying they are taking the file off the DCA for further investigation. I do recall the liquidator asking me about Guarantee's and I said to him I never agreed to them. This has been going on for nearly three years now and the agreement or lack thereof goes back to 2002. My memory is fuzzy I either photocopied the agreement amended the terms of Overdraft Agreement so guarantee was not valid against the overdraft or spoke the the business rep and said I'm not having this and never signed them. It's quite annoying as I don't ever recall signing a guarantee and had I known they were going to claim when the company went through I could have chased the debtors to have secured the funds. I was naive didn't realise at the time that companies generally rub there hands in glee when a company goes through it's so easy to baffle the liquidator. Overall it's really frustrating as the company was owed £30k+ when it went through and being so naive I did it by the book and lost £50k of borrowed cash. Phew, long post sorry.
  2. Took advice, seems I have a solid case, have written a letter back.
  3. More news on this, have now got them threatening legal action. Have stated verbally to them that I never agreed that the overdraft would be covered by the guarantee and they argued it was implied. I then informed them the original agreement had a stamp on it as I mentioned earlier. Can they forward a signed unaltered version of it? I suppose legal advice is what I need now will update thread when I know more.
  4. In 2004 I company of which I was a director went bankrupt. At the time the liquidator asked if there were any personal guarantee's and I said I had never signed them Around 18months later I had a letter demanding payment £15,000. I asked for a copy and they had a signed guarantee. I can't ever recall signing but it's my signature. I checked my documentation and I hadn't signed the overdraft agreements or the application for the overdraft. I have the original overdraft agreement unsigned which states that the overdraft is covered by the guarantee. There is a stamp on this which states 'This letter must be signed and returned before a limit can be put in place'. I also have a copy of the application for the overdraft unsigned. There are a number of issues, first the liquidator is yet to close the file as I offered to go after the debtors of the company and secondly they've told me that as they have the guarantee they are threatening a charging order regardless of the documentation that I hold. I haven't yet told them that I have this documentation (only hinted) but have requested it many times over the last three years. Every time I request it they go quiet for a few months. Please help.
  5. Just found this fantastic site and hope someone can help. In 2006 my business went through and I had a lot of debt after trying to keep the business going. £25k on credit cards, since managed to get these down to £12k. A year later I had a letter from Lloyds TSB claiming that I had a guarantee in place for £15k for the company overdraft. I asked for a copy (had completely forgot I had signed this) and copies of statements on the bank account and opening agreement etc. They've since replied after many letters that I can see the statements if I pay them £1500 and have failed to supply the original account agreement. The liquidator has already been given in excess of £3,000 and Llloyds TSB argue that this will not cover any of the £15,000 overdraft at all as they have since charged interest on the account. I see no mention of CCA on the guarantee no signature from Lloyds TSB I honestly cannot recall signing it. Does the CCA apply? Desperate for help as with current debt and this it really means I've no way of paying it back.
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