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Coody

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About Coody

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  1. Hi, Yes, we finally managed to get it resolved. There was a lot of toing and froing as we wanted to settle rather than let it go to court. We ended up reaching a settlement figure that we could just about afford which was about a third of the amount owed by the company. I hope that helps and good luck with it.
  2. Ok, thank you steampowered. I think I will wait a while and see if TP come back to us regarding our offer, given that they will now have received a copy of our defense. If I don't hear anything by a week or so I think I will write again to increase the offer.
  3. Thank you for the link steampowered. I have had a look but the cases listed are not related to personal guarantees. Thank you BazzaS for your reply. Like you say, it would be interesting to know if the fact they changed the form would make a difference. It does seem that we are probably best to try and settle for a low amount now rather than take the chance that TP won't take it to court. Do you think they would still accept the £3500 as they were prepared to earlier or do you think they will now push for more as they have started the county court claim?
  4. Thanks steampowered. I have noticed that TP have recently changed their trade application form and entitled the guarantee section 'Personal credit guarantee' followed by the text below. They seem to have changed it to make the 'personal' part far clearer than on the form I signed. In consideration of your agreement to supply goods on credit to the Company described above applying for credit herein (‘the Company’ ) I/we the undersigned being director(s)/member(s) of the Company/LLP hereby unconditionally and personally, jointly and severally guarantee payment of all monies due and owing by the Company to .... Trading Company Limited, its subsidiaries and successors, including all monies due and owing by reason of any increases in the credit limit granted by ....Trading Company Limited from time to time following review of the Company's credit account and note the additional terms below. Do you know if there's any way I could check for similar court cases please- I don't know if these are made public or not? Thank you
  5. Many thanks for your quick reply steampowered. I agree that we would be more likely to lose should the matter be tested in court. I am hoping that they would be reluctant to test this as if they lost this could in theory open a can of worms with regards to their past enforcements of personal guarantees?
  6. On the edge, how did you get on with this? We are in the same boat now (I have just posted a new thread entitled 'Builders Merchants Personal Guarantee Problem'. We had our SD set aside. They then started a claim through the county court which we are defending based on denying personal liability for the debt. I wonder if anyone has got to the point of actually challenging this in court yet... It would be good to hear what happened in your case please. Thank you.
  7. Hello My company was wound up last year and as director I am now being chased for a debt of roughly £20k from Travis Perkins, based on me having signed what they purport to be a personal guarantee. When they wrote to chase the debt initially I offered them £3500 settlement which they declined. They then issued a Statutory Demand which I had set aside based on the arguement that I did not agree I had signed a personal guarantee. Travis Perkins agreed to have the SD set aside as it had raised a trialable issue. They then wote saying they would take our offer of £3500 in full and final settlement. We said that we were no longer able to uphold this offer as 1. did not have the funds and 2. did not agree personal liability for the debt. All then went quiet for 6 months. Then we got a county court claim letter to which we responded by defending our case, saying 1. I was not aware I had signed a personal guarantee 2. Nowhere on the guarantee part of the form was the word 'personal' used. 3. I signed in capacity of director and underlined the word 'Director' to show this. I also contacted Travis perkins will a new settlement offer of £1200 to which I have not had a response. I then received a 'Notice of proposed allocation to the Multi-track' which includes a questionnaire to complete. It also states that proposed directions need to be filed but I am assuming this is by the claimant? I know there have been others who have been caught out by these Travis Perkins personal guarantees and wonder has anyone got to where we are or even challanged the personal guarantee in court? Any experiences or advise would be very much appreciated. Thank you for your time. I should have added that the following text is on the form, entitled 'Credit Guarantee': Credit Guarantee - To be signed by the owner / director / company secretary of the company applying for credit in consideration of your agreement to supply goods to the applicant company on credit, we the undersigned being owner / directors of the company jointly and severally guarantee payment of all financial obligations to ************ Company and its subsidiaries and successors including financial obligations arising from any increase in credit limit granted by ********** company or its subsidiaries and successors from time to time following review of the applicant company's account. I Signed and dated this and also underlined the word 'Director' in the title.
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