HI PEEBAH, BIG CONGRATULATIONS:razz: i have sent you a pm as I am going through the same process with HSBC and obviously any help would be appreciated.

Absolutely totally and utterly disagree. With all due respect, he isnt 'banker bashing'. But merely reminding the judge that the banks have and continue to make mistakes. Peebah is presenting facts in court and some of those facts are that banks have made mistakes Peeebah could mention another notable one, which led to the consumer bailout of the banks. Although not relevant in his case are all relevant nevertheless when a judge is making an overall decision about how banks can mislead the consumer and conduct business on a dailly basis. But lets agree, to disagree if you feel otherwise.

Hi Peebah, I sincerely wish you the Very Best for tomorrow. my personal thoughts are that you need to mention that for some the bankers seem to have this 'whiter than white' reputation. A kind of 'well you signed the agreement, so you must have known what you were signing' type attitude. What I feel you must emphasise to the Judge is that the banks over many years have continued to 'Mislead the Modern day Consumer' Note the recent PPI claims, that they have had to refund and the noteably the biggest consumer revolt of the 20th Century was The Unfair Bank Charges,. So then, one needs to question, if it is possible for them to mislead and have unfair conditions and banking/business practices with these things. What other things can they mislead the modern day consumer with? Are we, the thousands of consumers all wrong? We cant all be wrong can we? Good Luck!

Is your rant over? (God I thought it was just us women:violin: ) or has that spring sunshine gotten to ya head? Enough already. You stated earlier 'you should look before you sign' (see your earlier post if you can't remember posting this) Now with all due respect I've already signed the contract, like, two years ago. But then maybe if you had read my first post you would have known that. As for 'I dont like hearing bad news' (another one, of your great contributions to this thread) I must ask, Do you honestly believe that you are the first person to give me 'bad news'? But I will emphasize again. (for your benefit) I was merely asking if anybody knows of any legal loop holes and there is and there are. BUT I am not confident enough to go to court and use what a previous forum member on here has stated (about the house of lords). I dont even know whether that has been used before in court. Now I'm not sure about you, but I'm not prepared to ruin a decent thread with any more of this banter. So Please for the sake of everybody on this 'adult' forum lets just move on.

hugh, you mentioned try to remain calm? thats the problem i am calm. perhaps too calm. You mistook the written word or interpreted my reply incorrectly i guess. (thats the trouble when you write in forums, the written word is often interpreted differently) but on a side note please only use this thread if you are adding something positive. It is a good thread so far and members on here have been extremely helpful. So please lets keep it that way:-)

tell me something i dont already know........why do you think i havent applied to go for a strike out action? even though i know there are certain things i can use (a whole list in fact) its for that very statement you have said 'unfortunatley the legal onus is on me' and its proving in court. If i had a crystal ball and knew what mood the judge would be in on the day, i would go to court and put my defence forward but i havent.

hi there thanks for the advice. We genuinely believed we were only signing for the company, hence why we Limited the company. Because at the end of the day we assumed that we were only liable for what the limited company was. If that makes sense. We didnt get advice independantly as the HSBC gave us the overdraft facility before we signed the guarantee. I remember at the time the bank manager saying, 'i must make time to come down to the branch and sign the agreement' We was literally in the bank minutes and was out again. There was none of the, reading through contracts, going away and thinking about it! We was given the money before we even signed the contract. and at the time our company was so busy, i literally went into the branch, signed and was out of there. I would have signed my own death warrant at the time, because i remember being so incredibly busy and tired at the time and i signed without even reading. My bank manager told me it was just formalities! i stupidly believed him. now im paying the price. I was mislead. i know that but i cant prove it, very expensive mistake. As for the HSBC, as the old saying goes, every dog has its day.

ive managed to attach 5 theres two more pages! last two (not sure if you need the Final page which has our signatures?) Hi Peebah, the enclosed guarantees are photocopies of the original (i have never actually received the original from them) but something is still telling me that there is a fundamental mistake with this guarantee. I think it is in the first page where it states 'guarantee' then under it our company name. Is there anybody that understands contract law? or the interpretation of some of the points they have raised?? anyone there?

Can anybody advice please I have just reviewed the guarantee again just to try and find something somewhere. I have noted on the top of the guarantee it states 21st......*& (i.e my previous company) Yet according to the House of Lords and on this forum, one cannot be liable for the debt of somebody/someone else? and secondly section 1 says the debt is not (b) If you are a corporate body, such part (if any) of the debt as may have been incurred by the borrower, directly or indirectly, in connection with the aquisition of shares in your share capital (or in the share capital of any holding company) unless and to the extent that the provision of financial assistance by this guarantee in connection with that acquision is lawful. my previous company was one ltd by shares. So does this mean that im only liable for the amount I had in shares? Is there somebody that understannds guarantees that can explain this? thank you

Ok Gaston, thank you. I honestly am so grateful for people such as yourself who spend your free time advising and helping people like me! thank you.

Thanks Peebeeh, I agree! its more or less admitting liability, if we're liable for some, then the bank will say we are liable for all. I am going to stick to my guns, I am going to be applying to the court for a strike out action, within the next day or so. I will let you know how it goes:!:

hi could i ask what the hefty sum was that the bank 'confidentially' asked you to sign, i owed 24k on a PG that was for my Ltd company and the bank have just approached my solicitor asking if we will negotiate! could you advise.

Hi Peebah, we have received a response from HSBC's solicitors after their delaying tactics, they are asking if we are willing to enter into negotations. Do you know what a company would accept as a settlement offer? I have read somewhere about these debt companies that purchase debt and accept as much as 80% off the original claim/amount

hey Peebah Fingers crossed for you!

Hello Ive just joined this wonderful forum and I have read a thread here recently, regarding personal guarantees. I am at the stage now where i have received from HSBC's solicitors a county court claim for £24,000. (i was a guarantee for my small company that is no longer as it went into liquidation) I have defended this with a solicitor but have just decided to 'go it alone' due to solicitors costs! (aside from the fact that my solicitor isnt even on my side! he says ive signed and thats that!) I am not sure whether to apply to the court for a strike out. I have read on a thread here, t hat a guarantee (according to the House of Lords) cannot be responsible for the debt of somebody else or company. although my company was a Ltd company at the time i signed the guarantee . But I'm not sure how to present this. I was truly misrepresented when I signed the 'guarantee' and i used this as my defence amongst other things, but the HSBC replied to our defence to our solicitor and said they deny our defence. Needless to say i am getting more grey hair by the day! as my company went into administration in 2010 and obviously now nearly 2 years later this is still going on! I think its safe to say I'm sending out an 'SOS'