Hi give a contact email address some we can take this off line

Good point, I have asked them to send me statements of all transactions from the date I left to see if the debt occured after I left. Chris

Why? Sorry what would your approach be once the SD had landed? Chris

It would appear that I have no other choice? Chris

No but I have responed with a detailed earnings and expenditure to agree some sort of payment plan or settlement figure

It was just me Chris

Andy The wording in the letter is as follows: We write in relation to the above outstanding debt and charges in respect of which correspondence has been sent to you. You have provided Keyline Builders Merchants Limited with a signed personal guarantee confirming that you will pay any sums not paid by your company. We have been instructed to pursue you under the personal guarantee that you have signed as your company has failed to pay. Unless payment is received within 7 days we shall issue a statutory demand for payment followed by bankruptcy proceedings if the demand is not complied with. Regards Chris

Andy The company is not currently dissolved as they first issued a CVA in January and apparently to avoid paying their advisors £5k to wind the company up they have to wait 60 or 90 days to have it done automatically without cost, which I believe will be either in June or July Regards Chris

Andy I will upload the text this evening. Thanks Chris

Hi Debbie Thanks for responding. Yes it is a Limited company, I did sign as a Director and the wording under the Guarantee section is as follows: "In consideration of your agreeing to supply goods to the applicant company on credit, we the undersigned being owner/director/directors of the applicant company jointly and severally guarantee payment of all the financial obligations.... etc etc" I did leave the company as per companies house last year before the company ceased trading in the past few weeks and no they are just sending out letters headed "Personal Guarantees" which is rather odd as per above the word "personal" is not used? Chris

I completed a credit account application for an account with Keyline. I was a director of the company at the time but left the company last year. The company has recently gone into administration and Keyline are chasing me for payment of the outstanding balance as I was the only director that signed the form. The form as the following paragraph which is headed Credit Guarantee in the body of the form "In consideration of your agreeing to supply goods to the applicant company on credit, we the undersigned being owner/director/directors of the applicant company jointly and severally guarantee payment of all the financial obligations.... etc etc" But as far as I'm aware this is not a peronal guarantee and I note that in my defence I can use the following from one of the other posts on this subject: 1) Misrepresentation - the document is headed 'Credit Account Application Form' and for it to be a PG is misrepresentation by creditor 2) id not sign the Applciation Form in a personal capacity but as a Director of XXX Limited. It is further submitted that if this Application Form is found to be a guarantee it has an unreasonable indemnity clause within the meaning of the Unfair Contract Terms Act 1977 (”the 1977 Act”). The form that is the subject of this guarantee was between the Claimant and XXX Ltd. My involvement as a guarantor was purely a personal matter between myself and XXX Ltd 3) My trade or profession is not that of guarantor and I did not provide this guarantee in return for a fee or commission. It is therefore submitted that I was ”dealing as a consumer” within the meaning of section 12 of the 1977 Act (R & B Customs Brokers Company Ltd v United Dominions Trust Ltd [1987] EWCA Civ 3). 4) As a result of the above case, the guarantee must be reasonable and it is submitted that the guarantee does not meet the reasonableness test of section 11 of the UCTA1977 Act and it is noted that by subsection (5) that it is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does. 5) It is my belief that the guarantee does not meet the reasonableness test for the following reasons. 6) I had no intention of entering into a personal guarantee 7) What is purporting to be a personal liability is incorporated in the body of a document which is clearly designed to impose liability on XXX Limited and not myself personally. 8) It has been shown above that I am a consumer in this case. Under the Unfair Terms (Consumer Contract) Regulations 1999 (regulation 8) an unfair term is not binding on the consumer and therefore I cannot be held liable for the XXX Ltd debt. 9) Under regulation 5(1) of the UTCCR a contractual term that is not individually negotiated will be regarded as unfair if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer. The Application Form was clearly pre-printed and was a standard form of the Claimant and therefore cannot have been individually negotiated. By trying to pass the liability of a third party to myself, without my knowledge, there has clearly been a imbalance in the parties rights and is to the detriment of myself financially. My question is what else can I add in support that I was not a director at the time the company went into administration? My thoughts are to add the above into a letter with a full and final settlement amount for about 20% of the balance? Thanks in advance for any help