Good Morning SFU I had found form G9, and was researching to see if this form was applicable in my case, thanks for confirming that it is. The PG for £16K seems to be a copy of an original, whilst the second PG is a copy of a copy. The reason for me stating this is that the second PG states copy, whilst the first PG does not. However, that does not mean to say that an original will appear on the day, they could have just tippexed out the word "copy". If my life depended on it, I would have to say that the first PG looks more real and appliable than the second PG. With regard to getting the signatures forensically examined, I could not afford it at £85 + VAT per hour, with a minimum of 5 hours. However, the girl was kind enough to say, "Why would someone bother forging a signature when it is so easy to copy and paste from one document to another?" I couldn't ask my parents for another £500. I will try an attach the Minute of Amendment this evening, however it basically was changing the status of Personal Guarantee from singular to plural, therefore I would surmise they will be relying on both submitted documents. I have made so many notes that I now need to sit down and file them in some order. Thanks again SFU George

Good evening All Thanks for the attachment SFU, I was reading that part myself last night from Hennessey, until the eyes started to make the words go all blurry. Anyway, again many thanks for posting so late at night/ early in the morning. I was just rising from my slumber about then to drive to Thurso for an 8 o' clock start. At risk of sounding like The Proclaimers song, after driving more than 500 miles I came home to a huge letter from the Agent for the Pursuer. This saga has more twists and turns than the F1 circuit at Monaco. The cover letter and Minute of Amendment are attached, but it states there is a Minute of Amendment enclosed, and that the Sheriff will be asked to allow the Minute of Amendment. The bank has produced a Personal Guarantee signed and dated by myself in April 2005 for £16K, on behalf of my old company whose last submitted accounts to Companies House was March 2004. I can remember signing documents on that date, and can also remember telling my so-called "Business Advisor" of my plans to effectively cease trading towards the end of 2005, and needing financial help to launch a new company. At no time can I remember signing the PG, although it seems and looks like I did. As an aside this new Company is still going strong and is profitable. This PG differs slightly from the one dated March 2007, in that the word "copy" does not appear anywhere in the document. This 2005 PG has been produced after me being sent a letter from RBS stating that they cannot locate any documents. I'm now off to read Hennessey again, but I would be really glad of some input, however negative that input may be. Hopefully Hennessey will state somewhere I can oppose the Minute of Amendment. I really feel that the bank has bent more than a few rules to generate some business and not acted in my best interests, however I honestly feel I have been well and truly "stitched up" , and presently being well and truly "stitched up" by their solicitors and not being able to do anything about it. Please advise guys, Wits-End is next stop on this journey. Kind Regards George XX Letter Dated XX Mar 2010.PDF

Right here goes!! My Debate is less than a week away, and it's with me every minute of every day. You name it, lack of sleep, bad eating, caffeine-infused days, and an irritability to match the most grumpiest of old men, these things all make for a thoroughly miserable time. I have cut myself off from those who are close, to concentrate on me, selfish I know but it's been the only way I've been able to get to this stage, well that and throwing myself into my work. What would help was if I knew what to expect at Debate, and having the correct timing and oratory skills to put the facts of the case. I dread the opposition and the sherriff saying my arguements are irrelevant due to some legality that I messed up on or not been aware of. I have formed my arguments, tried to imagine counter-arguments, made copious notes, ranted at every RBS I have driven past, made various hand gestures at every RBS advert and caption on telly. I have been consumed, well if I wasn't so fat and gristled I would be consumed. Anyway what would really help is if I could get a pointer on what to expect at Debate. Kind regards George

Thanks everyone for all the information supplied. I will be following up the signature/handwriting pointer soon as. Going back to a possible charge on the house, there is not one at present but I have no doubt they will be one of their targets. Another target they may have is sequestration. Just before I sign off for the evening, I would like to say many thanks again for the support and advice. Kind regards George

Good evening all, and in particular SFU, Monty and BRW I've been off-shore for more than the past few days working liking a dog trying to keep on top of my Debt Management Plan, just so I can demonstrate to the Sherrif I was/am serious about not shirking responsibility. At long last I have managed to get a replacement laptop and it's good to be back on the forum. I have had this feeling of impending doom dragging along behind me wherever I go. Maybe being off-line was a good thing as it allowed me to re-focus a bit, I have no doubt I have been well and truly stitched up by the bank, I just hope I have the capacity to convey that to the sherrif and therebye convince him/her that I'm not some chancer trying to run away from the debt. I still have trouble getting my head around a Personal Guarantee (PG) signed in March 2007 for a company who's last published accounts were to March 2004. One thing I positively know is that I did not sign that PG for a company that had no money going through the account. I'm a big guy and been able in the past to extract myself from dangerous situations when the adrenalin kicked in, however the knees never shook as much as they are shaking now. Speak to you all soon Regards George

Many thanks to all who have posted. My laptop keeps cutting out after 5 minutes or so. I'm going down to the local library tomorrow to hog theirs, I've no doubt I'll be called a few names by the other silver surfers. Many thanks again, it really is appreciated. Kind regards George

Good evening All I have attached the Record for the intended court hearing, I have a gut feeling that I will have problems as it seems I can only debate within the "Walls" of rhe Record. Maybe someone can lighten my sombre mood. How can an institution get away with being so underhand and dishonest, just by using procedure? Regards George Final Record Edited.PDF

Good morning All I have attached my failed R22.1 Note. Can someone take a wee look and tell me where I went wrong? Many thanks and kind regards George Rule22[1] CAG.pdf

Hi SFU The date is definitely March 2007 when this document was supposedly signed by myself. As far as the presented signatures go one looks like mine, but the other doesn't. The far more important issue is that I did not sign either document. The last accounts submitted to Companies House was upto March 2004, that date is on the CH website. However, the only fly in the ointment is that I did not officially dissolve the company until 2009. This was due to the type of work carried out, and a requirement of my Professional Indemnity insurance. However (again), the company effectively ceased trading in 2004. The whole thing stinks from start to finish, but I really feel I am swimming against the tide. The good news is that I can still see the lights on the shore-line, so not all hope is lost. Regards George

Good morning SFU and to all of those subbing to this thread. Sorry for not being on the forum recently, but work has been a bit of a ****. Anyway here's the latest update of the saga. Point 1) The agent for the pursuer has produced documents which they say are the Personal Guarantor and a Waiver of Legal Advice. Both documents are marked copy, which effectively means the documents are copies of copies and not copies of originals. Point 2) These documents are dated March 2007, whilst the last accounts for my dissolved company is upto March 2004. This can be confirmed on Companies House website. Point 3) The signatures on both these documents are different, the one on the Waiver of Legal Advice looks like mine, whilst the one on the Personal Guarantor does not. More importantly, I can honestly say I did not sign either of these documents. The questions are now beginning to mount up and I am busily trying to make some sense of all of this, but it's very difficult as it all seems to make no sense. Yet someone somewhere has made sense of this or else it would not have led to this court action. Between the letter from the bank stating they have no original documentation, and the documents produced by the agent for the pursuer, I feel I may have enough to accuse the bank of conjecture, forgery, not acting in my best interests, and incompetence. But when do I level these accusations? Regards George

Hi SFU As soon as I've regained dome balance over this I'll post up my R22.1 Note and also the other sides. Maybe that will show where I went wrong. There was a different sheriff on the bench this time around. It is my intention to write/call the sheriff clerk to ask if there is a verbal record of their request to a continuance. It took all my will-power not to walk round the table and slap that smug grin off the opposition Maybe all of this was the wake-up call I needed. Regards George

Thanks for the reply SFU It all seemed to be a flurry of words and the sheriff agreeing with the pursuer. The reason given for the continued Options Hearing was that the agent for the pursuer stated that their solicitor dealing with the case had left the company. Yet when I mentioned this the agent for the pursuer and the sheriff both stated it was the same solictor. Now i'm trying to figure out if this was a blatant lie or a massive stretch of the truth. Roll on the end of march eh!! George

Good Afternoon All I had my continued Options Hearing this morning, and I must admit it did not go well. The pursuer asked for my R22.1 note to be replled and they were successful. The case now moves to debate towards the end of march. I just feel as though the stuffing has been kicked out of me. Regards George

Many thanks SFU George

I have managed to beg/borrow a laptop after mine was stolen, so now I'm back on line(ish). to cut a long story short, I had my day in court and due to a continuance, which was granted because the solicitor dealing with the case left the company, I have yet another day in court. Can someone please tell me when I need to produce the documents on which I base my defence? Do I have to resubmit an R22.1 Note? Once I get my scanner linked to this borrowed laptop I intend posting the agent for the pursuers R22.1 Note. I've a feeling a letter will be arriving soon from the agent for the pursuer, and I just want to be ready. Regards George