Not sure what position you're in but, I was prepared to fight TP to the wire. Their argument was that I had signed a PG and therefore owed the money in full, plus interest and court fees etc, mine was that the document was void and I owed them nothing. In your shoes, I would put it to them that: The relevant document does not clearly indicate a 'Personal Guarantee', 'Credit Guarantee' or any kind of Guarantee, the wording is unclear and at no point whatsoever did you intend to sign any documentation that could be construed as such. Regarding their responsibility in this, no representative explained the intended nature of the document and did not ascertain whether you were aware of any implications and did not indicate that you may wish to seek legal advice before signing, dictated that you must sign the document, did not establish your ability/assets that you could pay the money back personally before giving you the paperwork to sign and gave an unlimited account on this basis. THEN, they undertake a decision to pursue you regarding your signature on a 2005 document that they have acknowledged is ambiguious as they have since changed the title/wording of their previously flawed document, yet they failed to protect themselves by having an up to date document signed, or establishing any assets as protection when you started trading with them again 6 YEARS LATER in 2011, while also ensuring you were fully aware of any new contract entered or existing contract in place. I can appreciate you must be pretty upset, I know I was. I would had had no problem if I had known they intended to obtain a PG from me at the time of signing, but to realise you have apparently signed such without being aware is overwhelming. TP were very aggressive and had me in Court within weeks. As I was livid, my case pretty much summed up as follows; Under the basisof “undue influence”, “misrepresentation”, “mistake” and/or “duress” encompassed under the Unfair Contract TermsAct 1977, the signature was obtained fraudulently in 2007, TP themselves were responsible for financial neglect, and to pursue debt based on this document with knowledge of the above constitutes Criminal Fraud. I spoke with 4 solicitors, all of which believed TP easily had the advantage. Before I went into the courtroom, the TP solicitor called me aside and said based on my defence they were going to have the Bankruptcy case dismissed by the Judge. When he stated this to the Judge she said 'Duh, really?!' and dismissed it. I felt that they had deliberately been dishonest about obtaining my signature for a PG by just acting like it was a simple form to complete before they would consider whether a Trade Account could be opened with them. can't say how things would turn out for you, but really wish you the best of luck with it all.

I went through the same situation with TP last year. My company stopped trading and they came after me personally for o/s debt based on a 'Personal Guarantee' signed many years before. I refused that I personally owed the debt nor would I pay it, TP took me to a Bankruptcy hearing and it was dismissed by the Judge. You are not the only one to be gobsmacked to learn you have apparently signed a PG without your knowledge. At any point in the documentation you signed is there a separate paragraph clearly identified and titled 'Personal Guarantee'? Does the documentation explain that it's intent is to obtain a PG and that you may wish to seek legal advice before signing? Did any representative of this company conduct their duty of care by clearly informing you of the intended nature of the document? From the point you signed the document what was the credit limit, was it unlimited immediately? When Brandon Hire changed the wording of their document did they contact you to advice you of this and did they ask you to update your account and sign their new documentation? Why did you have to sign the document, did they specifically detail that only an Owner/Director/Personal Secretary could sign the paperwork? Did they contact you after receiving your signed document to clarify that it had not been fully completed i.e. not dated? A bit confused though, you say you traded in 2005 and all outstanding monies were paid at the time and didn't you trade again until 2011? Who racked up tens of thousands of debt between 2005 and 2011? Try not to get too stressed, I did and the Bankruptcy got kicked out. I could have saved myself a lot of sleepless nights! p.s Could you post the actual wording of what you say described the Personal Guarantee?

Thanks, much appreciated. TP wanted over £800 costs. Judge ordered me to pay the associated costs of not setting the bankruptcy petition aside but denied TP of any other costs they were attempting to claim. Judge did not appear to agree with TP.

Yes, of course, it would be up to any individual to provide whatever info they wish, I'd just appreciate as detailed as poss. As far as I can gather from this forum, many people have been in my boat with TP. I didn't back down and the bankruptcy was dismissed based on my defence to their 'PG'. Other people have settled, paid in full or been made bankrupt by TP regardless they truly believe they did not know/intend they were signing a 'PG'. I'm going to fight my corner and if anyone else who has been/going through the same, your help could make a significant difference. I can't make it any plainer, read between the lines and my course of action is obvious. If it succeeds, well, self-explanatory.

As asked for above, but more definitive if TP will oblige. Basically the amount of people persued for bankruptcy/made bankrupt on the basis of the application form/credit guarentee described in my first post.

I think I'll request the information from TP directly and see if they will provide the figures. Worth a go anyway.

Thanks, just every search really leads me back to this forum!

Hi, aware TP could access this. Whether or not anyone assisted with their own difficulties regarding this, it doesn't affect my 'plan', however it would give it more clout and hopefully assist others. I understand that others have documented TPs replies when they have contested the 'PG' etc, so please could you explain in 'baby steps' the dangers of asking for help, I'm just confused! Thanks.

I fully understand that, but more substance is provided in Court defense when more details are available of individuals that have been persued by TP, i.e. if the Judge wished to contact other individuals to ascertain the validity of my arguement this would be easily possible, rather than wishy-washy. It would be up to anyone to provide whatever details they wished, even if it is just a petition no.

If I did I'd be able to access the info I needed!!!! Ford, TP has made my life hell. I had to liquidate a business and was railroaded by TP into bankruptcy proceedings. It is up to any individual to provide the info I requested of their own free will, I'm trying to fight the corner of the little guy here and would appreciate the help.

Do you work for TP? This information will also be requested from TP, I just doubt they will provide it.

Hi, It seems I had the same problem with TP as many others. Didn't agree I'd knowingly signed what they state is a PG and they threatened bankruptcy. Stuck to my guns, put in my defense, repesented myself and had bankruptcy hearing recently. It was dismissed. Have to admit Judge did not seem impressed with the way TP had gone about things and really helped me out when Solicitor was using legal jargon etc. If I can help anyone who is in the same boat currently, I'd be glad to try my best. HOWEVER, TP have indicated they will try other methods of litigation to try and get the money, so this is the part where I'd really appreciate some help. If you also signed the 'Credit Account Application Form' that had a section titled 'Credit Guarentee' incorporated into the document, disagreed you entered into any PG and TP threatened bankruptcy, or made you bankrupt, I would appreciate details i.e name, contact no., amount persued etc (via PM, if preferred!). I have a plan! Thanks everyone!

Hi, everyone. New to forum and first post! I had this problem with Travis Perkins recently, they petitioned for bankruptcy and it was dismissed at the hearing. Hope this gives hope to anyone else!