sorry for late reply on this i only just noticed a response it was a business loan for a ltd company.... I gave personal guarantee along with 2nd charge on home... now they are calling in the personal guarantee.. Not sure what to do now? They have been good with me so far, and have provided me with copies of signed paperwork.. I have no lump sum to offer as settlement, im wondering if they will they accept low monthly payments about to write them another letter. anyone else been in similar situation with personal guarantee

ok massive thanx to maroondevo52 for giving me the juristriction defence and to IdaInFife for messaging me the link! basically I defended as per maroondevo52 statement above and their solicitor not happy, they sent me sent a nasty letter requesting I withdraw the defence as business debt - English court has jurisdiction. I argued my case by way of The Unfair Terms in Consumer Contracts Regulations 1999 The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR), applies only to consumer contracts and has the effect of rendering unenforceable any terms which are adjudged to be 'unfair'. According to the UTCCR, " consumer means any natural person who, on contracts covered by these regulations, is acting for purposes which are outside his trade, business or profession ". When creditors require a director of a company to give a guarantee, it is arguable that the guarantee is not given by the director 'as a director' but rather that it is given by him in his capacity as shareholder, and is therefore not given by the director in the course of his trade business or profession. In addition I advised that I have no money - (which i dont) included a list of my debts and arrears along with information about the £1 token payments and/or nil payment agreed with lenders. Im not sure if they will take me to a Scottish court as I honestly dont have any money to pay them, at the moment outgoings exceed me income I will keep you updated thanx so much to everyone who helped me re above - so very much appreciated x

Thankyou so much I have just replied with the above noted... fingers crossed it goes ok, I was going to email them direct to come to some sort of arrangement as I don't particularly want this to goto my local court. I was looking at contractual capacity as a defense.... I did not really understand what I was signing, I was told by the company I had to sign it in order for them to agree to lend the company money,... they did not advise me to seek legal advise and much of the form is blank such as marital status etc.. This is not my debt but a limited company debt (This is a personal guarantee - unsecured) any advise much appreciated many thanks again

Thanks for help. I don't particularly want it to goto my local court and have my name on daily court registers but thought I could state a defense on jurisdiction to delay it then communicate with them to enter an arrangement or would I be better just admitting the debt and providing a income/expenditure statement to court- Im now a student now with lots of debts and no savings. Would the guarantee be enforceable with some much info omitted on the signed form? I have done a company check on their solicitors firm seems they are a small firm and possibly not familiar with Scots law business activity is recorded as Solicitors. xxx Legal Limited is run by 1 current directors and 1 company secretary. 1 Shareholders own the total shares within the company. It is not part of a group. The latest Annual Accounts submitted to Companies House for the year up to 31/03/2011 reported 'cash at bank' of £0, 'liabilities' worth £32,246, 'net worth' of £4,317 and 'assets' worth £36,395.

Lease Company based in Flintshire Im domiciled Scotland Received paperwork by email I signed papers in Scotland Leased Goods were sent from supplier in London Court documents are Manchester

it was a Lease Rental for Pc Equipment July 2011 thanks for help x

Hi there, hoping one of you lovely people can help me out here... Just received a court summons for personal guarantee i signed for a leasing company office computer. Ltd company i was sole director went into liquidation.. The court papers (received by regular main - not signed for) say they have jurisdiction in an english court, but I was on the understanding that jurisdiction would be in my local court in Scotland (were i domiciled and where the contract was performed) They have attached personal guarantee ( its unsecured) no legal advise was sought, the original document was emailed to me to sign and returned by post. I now notice there are several boxes left blank by company and a few errors Boxes with errors are: " The Customer " (company name) it has the the wrong building number in address and wrong digit in postcode boxes blank are: Marital status Occupied status Owner/tenant occupation business address/employers address how long so engaged bankers account number bank address building society account number building society address all other entries are typed (with exemption of the "+ vat" after figure which is written in pen) Im not a student and have no money:violin: was going to defend with jurisdiction but i really don't want it to be diverted to my local court. wonder if i could write to company stating my intentions they may enter a payment arrangement? any help much appreciated x

thanks for the information. yeah i received a charge for payment (despite being told account was on hold for 30 days.) i wrote a complaint to council stating above legislation and advising that i would report them to Scottish public services ombudsman if they did not investigate their chosen debt agency I have since received a letter of apology and charge for payment fees refunded im now a full time student does the link apply to student bursary payments or only wages? i get £561 a month in student grant/loans... they want me to pay £100 a month thanks for help and advice

Was thinking the same thing. It turns out the default is for a £40 odds pounds debt as a result of my husband leaving a council flat in 2004 to live with me. He paid the bill when he left but this was charges for the 3 week period after he left and before new tenants moved in as a result of failing to give a final reading... The property was given back to the council on or around September 2006 when he moved into my house and all energy supplies had already been in my sole name since 2002 the credit report says default date 28/7/08 - it has my current address on it even though supply was not provided to this address it then says satisfaction date 10/2/09 and then also partial settlement 1/3/09 ?? is this statue barred? does that go from date of last payment or date of default

I get letters from a debt collection agency in relation to council tax arrears... Im paying £100 a month - (more than i can afford at the moment but its a priority to pay it off) Im owe £923.89 Each letter i get whether statement or reminder states If you do not pay you will have further action taken against you Including arrestement of your bank or earnings and auction of articles You are also likely to be sequestrated (declared bankrupt) Now these people are obviously causing alot of alarm and distress by trying to pressure people into paying more money than they can actually afford to pay by claiming that they will make you bankrupt as it is my understanding that a creditor can ask a sheriff to award bankruptcy against a debtor if you are owed at least £3,000 but Im not owe £3000 and they continue to make these threats. I found the legislation below, How can I stop them from sending me letters threatening bankrupsy? Section 40 of the Administration of Justice Act “S40 Punishment for unlawful harassment of debtors. 1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- * harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; * falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; * falsely represents himself to be authorised in some official capacity to claim or enforce payment; or * utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not. 2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

does anyone know if the 12 + 2 days also apply to personal security over business debts as well as personal credit agreements to supply documents, is this right or have I miss understood it?

Update: Bank of Scotland have written to me to say that it was in fact an "admin" error. They have issued a default, should they legally have to remove this default since it was placed there after they sent me a letter confirming Zero balance due in error?

Thanks ScottishPower Company Rep, I hope this matter can be resolved to mutual satisfaction

Can you please advise on who I can from email at ScottishPower about wrongful information on my credit report from 2004.

The card was taken out in January Feb/ March I used it for company bills and paid balances in full end of months April I paid the company vat bill with card (silly mistake i know) but was desperate at the time..... June wrote advising I had no wage sent p60 and template letter....Aug I received inheritance and offered full settlement. Sep DCA agreed settlement, october creation bank agreed.... Its not an old debt so cannot understand why they would accept but others wont?

ok thanks for the advice its very much apprechiated... So does that mean if its satisfied on my credit report, when/if they sell debt it will appear as owed on my credit report again as a new debt? I will write them a letter asking them to confirm this before I make payment. They way I wrote to them was I received a small inheritance and i divided the full amount of this with all of my creditors. Only 1 accepted the rest did not. Im currently unemployed - made redundant after company in liquidation - Mint bank want me to pay £1 a month - hallifax frozen all payments and intrest temporary but not accepting settlement - all others demanding payments - i requested t + c from all lenders - 2 failed to provide signatures (barclaycard - was egg) and (next directory). I have already claimed all ppi available, im stuck now as to other options.... any help very much apprechiated

does that not cover me under the bit that says "i can confirm that when you make payment it will be in full and final settlement and no further payments will be required" I have same letter from "the debt agency" but said i would only agree if the lender also confirmed this in writing also which is attached... I just feel its a bit too good to be true?

Thats what I thought ... Isnt halifax and bank of scotland same company? cant understand why 1 is ok with no payment and the other is not..... will these people take me to court? im real worried about that. I have no disposal income at the moment whilst unemployed but will definatley make payments as soon as im back in work

Hi, I have received a response from 1 of my card companies in F and F settlement (all others refused or diddnt reply) Am I safe to pay this on the basis of this letter attached?. Im always a believer if it sounds to good to be true..... It most likely is Is this legit will they seriously accept 1/5 of the outstanding balance? any help much appreciated

Brilliant thanks for that ive pasted to wordpad hope that works ok I would be very greatful for any help or advice x

Hi all, Wondered if anyone can give me some advice? I was director of ltd company - company in liquidation and as such im redundant - (now actively seeking employment) Company had secured loan - 2nd charge on my house I received a letter immediately after liquidation from lloyds calling in the loan for me to pay in full (almost 60k) I would have to sell house to try and raise this money as i have no savings and i would not get another mortgage to buy a smaller place. I wrote them a letter just to buy me a wee bit of time to think straight .... I asked them to provide me with the documents as i had misplaced them also asking for details of any PPI that may have been charged. That was 21 days ago and I have had no response. I heard the section 77 request gives just 12 + 2 days to supply documents, is this right or have I miss understood it? any help much appreciated, can they make me sell my family home? x

not sure how to upload that letter larger it wont let me, thanks in advance for any help and advice x

Hi all Still trying in vain to sort out my financial mess - now made redundant Bank of Scotland (£7378) Halifax (£5476) Wrote to all lenders - (had never missed a payment until my circumstances changed) I received some inheritance, wrote to all lenders enclosing inheritance letter as proof of lump sum received. Offered all lenders the full amount of my inheritance split by % to each lender and only 1 accepted (creation bank) Halifax have ceased collection activity advising me to contact them when my situation changes Bank of Scotland sending me lots of nasty letters and now a default. But in response to my letter asking to full and final settlement bank of scotland sent the attached (obviously an admin error as they say balance is £0.00 and must be paid in full.) could i use this as a tool to negotiate or would this be accepted by a court as an admin error on their part ie making me liable to pay all debt. Fingers crossed I manage to secure employment soon, stressing out with all this debt hanging on me [ATTACH]39287[/ATTACH]

I have uploaded docs from next i am trying to scan in others to upload

sorry for the delay on this I had burried my head in the sand a bit until now as I just had 2 doorstep collections this morning, I feel sick my Situation has changed greatly, Im now unemployed and my only income is child tax credits and child benefit, Im desperately seeking work and even been selling bits and pieces on ebay meantime just to be able to feed the kids. I will upload the replies I received hopefully someone can help, I dont know whether to goto a debt advisory to ask temporal freeze of accounts until i get a job or keep trying to go down this prove the debt route? any help apprechiated