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claretet

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About claretet

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  1. Hi Andy I was the only Director, there is no other shared liability, it was in fact my husbands business but I was the Director. Yes it is a Ltd Company The letter from the solicitor has given me until the 4th to reply otherwise they are going to push the Claimant to go for a Judgement, not sure what to do Clare
  2. Hi Andy The company is about to be stuck off. The hearing date in November is my counterclaim for them to produce the documents as the original solicitor didnt reply to my CPR request, I therefore did a counterclaim to state that without the documents the case to be stuck out. The problem I now have is the 2nd lot of solicitors have provided a copy of the guarantee, so I dont see much point pursuing the court case as they will just provide the same documentation. There is a signature on the copy, however its not a great copy and I was just hoping that by requesting the original may produce some problems to the Claimant as sometimes they struggle finding originals? The CPR request was made on the 19th June 2012, they didnt reply I therefore put in a N244 claim for case to be heard on my defence and to be stuck out. They transferred the case to my local court, and then had a hearing without me being there result of which the Judge has stated that the case should be heard in my defence i.e. the lack of documentation. I will be honest, I was under the impression that the guarantee was being signed in my capacity at that time as a director, not a personal guarantee, I would have never put such personal securtity down, we were made to believe that without signing this the business would have to cease trading at that point, which it was doing very well. They really left us with no choice, but I will maintain they said it was a directors guarantee not personal , and of course with hindsight I would have scrutinised the document much more carefully. I am really just probably clutching at straws with finding anyway to not have to honour the guarantee. Many thanks again Andy for your replies, I hope the above answers your queries Clare
  3. Hi Andy Many thanks for the reply the POC is as follows The claim is for the breach of contract of a Guarantee . By a contract in writing made between the parties in consideration of the matters therein contained the Defendant agreed to guarantee the due payment on demand of all monies and liabilities due thereunder from (Name of Ltd Company) to the Claimaint together with interest commision and banking charges provided that the liability ultimately enforceable should not exceed the amount specified in the Contract with interest both before and after demand. The Claimaint will rely on the Contract of Guarantee for its full terms and effects. By letter dated 26/10/2011 the Claimaint made formal demand on the Defendant for payment under the terms of the Guarantee. As at 26/10/2011 the state of the account was Principal Debt as at 26/10/2011: 21,521.13 Current outstanding total 22,045.75 And the Claimaint costs 1. 22,045.75 2. Costs 3. Interest at 6.00% per annum above base rate until Judgement or sooner payment Thats it as above - after re reading it, is there anything I can do as they refer to it as a contract? Your help would be greatly appreciated as I really dont know where to turn and as you can see its for a hell of an amount Many thanks Clare
  4. I have posted about my current dispute with the Natwest a couple of times receiving some really good advice - I really could do with some more as a matter of urgency. my husband had a limited company with a business loan with Natwest, I signed a guarantee on loan, was led to believe it was a Directors guarantee not personal (I as a director at the time in name only). Business gone horribly wrong resulting in falling behind with payments, I receive a court claim POC claiming on the guarantee. I sent a CPR request to solicitors for copy of guarantee, they didnt so counter claimed requesting case to be struck out without the said documents. Have a court hearing date in November. Have now received a letter from different solicitors who have taken over, with a copy of guarantee stating first solicitors also sent this. My question is this:- Is there anywhere to go with requesting an original copy of guarantee to prove its my signature - rather than photocopy (did this under CPR) I dont think Natwest have served a default notice (did request a copy under CPR even though its not listed in POC) Or do I have to surrender and pay the debt (under severe duress when its not my bloody debt it belongs to a LTD company). If this is the case I am going to have to offer the absolute minimum amount as my husband hasnt worked since April due to a fractured skull, and does anyone have any experience on whether Natwest accept a bare minimum repayment. I really wish there was someway of fighting this but I really dont know which way to turn now, other than getting the original copy which hopefully cant be found!!! Any help would be really appreciated Many thanks as always Clare
  5. Thanks for your replies. The only documents attached to the general directions order were my N244 application plus all the annexe documents of my application. Like you Phil I am slightly confused. I was going to give the court a ring tomorrow just to try and get some clarification. Steven, could I just use the same order as I used in the N244 application? Not sure about costs - what sort of things I am supposed to put in there apart from the court fee and potentially a days pay? Many thanks for your help - it still seems to be rather confusing that they have asked for a hearing when all I wanted by ways of CPR rules are the documents requested, which in turn gives me chance to form some sort of defence - I now feel like I am having to defend something when the documents havent been given to me. Well hopefully someone else can shed some more light on this Thanks again - dont know what the hell I would have done without this site!!! Clare
  6. HI Citizen B Thanks for the reply. I sent 3 letters to Incasso requesting information relating their claims, they are acting on behalf of Natwest who the original loan was with. The letters requesting proof of the alleged debt, ie loan agreement, and also copy of the alleged guarantee. They didnt send me anything. I then sent a CPR 31.14 request for the documents in the POC of the claim. Again they didnt send me anything back, so I sent in a N244 and my order was that unless within 14 days of the making of an order upon this application the Claimant complies with the request pursuant to CPR 31.14 etc that the claim should stand struck out. I again have not heard a thing from either the court or the Claimant, until today when the order arrived stating as above . I too am very confused as I do not know what the order is exactly saying - does it mean they are going to hear my application in the local court - or surely the fact the Claimant has not adhered to any of my requests it should be stuck out - or am I being a bit hasty? I would appreciate advice as to whether I am supposed to be sending anything in the meantime. On reading more posts on here the process usually goes that both parties are sent AQ once a defence is sent, but like I said I have heard nothing - oh apart from a letter from the court stating I had paid too much for the N244 and they would send me a refund!!!! - which has yet to arrive I hasten to add Many thanks for your help and hopefully someone can shed light on whats going on here Clare
  7. Many thanks Scott - I did wonder whether it should have gone into legal - just wasnt sure how to do it so many thanks Hope someone can help Clare
  8. I will try and keep this intial post brief as I have already received quite a lot of help from this site and I am quite down the line with my problem. Basically about 4 years ago I signed a guarantee for a business loan for my husbands LTD company, stupidly didnt read the small print, trusted the woman from the bank who stated it was a Directors guarantee and I was signing in capacity as Director. Resigned as Director 2 years ago, husbands business not been doing too well and loan not been repaid as it should. However the bank shut his business account without informing him, and the managers changed that much and the dealing with his account changed that many times he never knew who to speak too. They really didnt give him much chance to repay the loan. Havent heard a thing until 3 months ago when INCASSO came chasing me due to guarantee. I requested information which they didnt give to me, I also did a N244 when their claim form arrived. Again have heard nothing - the wording on the N244 came from this site -MANY THANKS, and I was basically requesting through CPR that they provide me with the relevant documentation, again I have heard nothing from either court or claimant. I have however received today a general directions order which says: on 24.7.12 it is ordered that: The application must be heard on notice to the defendant The claim be transferred to the Defendants home court There is a note at the bottom which says this order has been made without a hearing under the Courts case management powers contained in the Civil Procedure part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under Part 23 rule 10. It then goes onto say how to do this My question is this: do I need to do anything or is the above more related to the claimant. I would really appreciate some help in letting me know just where I am at with this. I really dont want to go cocking things up now and this site so far has been such a big help, but I cant seem to find anything on this that would help me. Just dont know where I am at - does this mean its going to go to hearing to hear my N244 Any advice would be a big help Many thanks Clare
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