Hi all, Sorry I've been away for a couple of days, the wife had the baby girl on Tuesday and its been a bit hectic but need to update on what's been happening. Was advised to speak to the claimant and appeal to his good nature and see if there's is another way of settling this before it gets messy. We are now in a situation where we are talking although we seem to be miles apart on agreeing an exact figure any the terms thereof. I have a couple of questions that I'm hoping someone Dan answer for me. I can't log into the moneyclaim online at the moment but can anyone tell me, if I cannot agree terms etc. with the claimant, can I file my defence online as I did the acknowledgement? And also. What is it I need to do if I can agree a settlement? Thanks again guys for all the help. Zignagio.

Hi all, I have just been reading some other threads very similar to mine and they seemed to be advised on going down the misrepresentation route. If i cannot get evidence via emails on old laptop to support my case can I go down this route. I may be jumping the gun a bit but my wife is booked in for a C Section tomorrow morning so am trying to get as much help on this matter today as possible. The application for Credit is clearly labelled, there is no mention of the Words PG and no witness signature. Any help would be appreciated. Zignafio

Hi lillylou, I am in the same situation as yourselves. Can I ask how it is going or how you got on? Regards Zignafio

Thanks the mould, so, basically, if I can't get these emails off my old laptop to prove the fact, I'm up the swanny without a paddle? I'm really not confident I'm going to get them so may need another angle. Help, help, help...

Thanks for the input all, but can anybody tell me if this application for credit is actually a legally binding personal guarantee? Thank you in advance. Zignafio

Please accept my apologies for any changes made to original acount. I am working from memory and going through boxes of paperwork and email correspondence for exact dates/accounts. Regards Zignafio

Steampowered. Your concerns are shared. I had major spine surgery last year after putting off for 8 years and it did not go as planned so i am now registered disabled pending further surgery in August. Following the 55k hit we took in June 2012 i spent the next 12 months trying to turn things around and did not receive any income throughout so my own personal financial situation is dire. I have arrangements in place with all utility providers and my mortgage company has a possession order in place in case i fail to keep up the arrangement. When I received the telephone call from the claimant at my home i informed him I did not sign any personal guarantee, nor did I have any recollection of signing an account application form given our arrangement. I have made my financial situation clear to the claimant and he is aware of my personal circumstances. The fact one of my ex business partners works for him I doubt theres' little he doesn't know about me. thanks for your interest.. Any further assistance will be appreciated.

Thanks for the above The Mould, your an absolute legend. Paragraph 2 of defence is not quite right but i will try and jigger about. I have listed some further information below to clarify some points. I was approached by Company A in Aug 2005 to set up company B. During the set up process I was working as a sub contractor for Company A. Company B was trading within a few months at which time I went to work for company B, occasionally sub contracting personally for company A. FYI Company A was providing most of the works for company B whilst client base was building. Company A took a hit for £175k in Approx. April 2009 and was placed into Liquidation in March 2010. It was at this time my fellow directors of Company B came to work as employees for Company B. What concerns me is the fact that my email correspondence between myself and Claimant only goes back to Feb 2011. Admittedly I do have correspondence to confirm the debt had been paid but I have no correspondence about the arrangement being set. At least not yet. All emails prior to February 2011 are on an old laptop that I do have but cannot power up. I will be taking this to Mr PC Repair Man tomorrow in the hope I can get power to it and retrieve previous correspondence but as of today this is something i dont have. Q. 1 How essential is it that I have this information and at what stage will i need it. thanks again for your help so far.. Any further assistance will be highly appreciated.

Hi and thank you again for your interest. I did try to pm you a moment ago with some information that I was a bit reluctant to post for all to see. Unfortunately, as I am a new member and have not posted enough it was not allowed. So I guess here goes and all in. I will try and prevent it from becoming exhaustive. 8 years ago I was approached by (Company a) to set up a business. The reason for this being they were looking to expand there business and there was scope to do so. They were in a situation where they were carrying out approximately 300k turnover per year working for 2 clients, (yes 2). The scope for growth in this case being they were sub contracting over 500k per year to a small handful of companys to work alongside them. Unfortunately they never had the knowledge within this discipline to carry out these currently sub contracted works where as I did. Anyway, we set the business up and within 2 years Company a turnover had doubled whilst company b turnover was approaching the 500k mark. In April 2009 a client of company a went into liquidation owing approx 175k forcing them into liquidation. 4 of the partners then came to work for company b. given they were already directors and shareholders. Now, the claimant in this case was a supplier of company a at the time of liquidation. Due to my new found employees and the need to put them to work an application for credit account was set up with the claimant in the name of company b. The main condition to this account being accepted was we take on the remaining debt. left from company a when they went into liquidation. This sum from memory was between 20 and 25k. My emails on this laptop go back to February 2011 and I have a confirmation email from there MD thanking me for sticking with it and paying off the old debt. this was in June 2011. Over the course we were left with just 3 of us. 1 of which jumped ship when we first got hit for the 55k, and strangely enough now works for the claimant. The other i still keep in regular contact with. Unfortunately, he is in a poor condition with the Big C. I do not have a copy of the reverse of page. I only have the front page which is a photocopy and is what was posted to me in December. I was never made aware of a personal guarantee form, only this credit application form. I know the wording within the credit application says what it says but nearly all of the credit application forms that I have ever signed have same or similar wording. I hope you understand why I am a bit reluctant to name the claimant given the above statements. Thanks again and talk soon hopefully

Hi The Mould, I do not have any guarantee agreement, the only document that i appear to have signed is the application for credit account form I have posted. I do not have any correspondence either from the claimant dated 13th January 2010. There was no written offer and no other documents were signed other that what I have. Sorry, not much help.

Thank you all for the quick response and help, i really didnt expect that. I have uploaded the cover letter, application form and the claim form for you to have a look at. I will go through the questions asked shortly and post answers as quickly as possible. it probably has no relevance, but the form is not in my hand writing which is partly why i dont remember the form but there is also 5 months between it being applied for and being approved. will update with answers asap. thanks again all, slept well last night.

Hi All, I have been reading lots of posts on this issue and have been finding it very helpful thus far, but would like some urgent advice on this worrying issue. Any help would be appreciated. I was a Director and secretary for a Company that I formed in 2006 with 2 partners. In June 2012 we took a hit for nearly 60k on an underground project we were working on, nearly £45k of this was owed to numerous companys who supplied materials etc. for the project. Anyway, numerous arrangements were made with all suppliers allowing us to continue to trade and therefore pay off the outstanding debt whilst our solicitors dealt with the outstanding debt owing to us. 12 months on with solicitors costs of nearly 10k chasing the original debt. we were forced into making a CVA. Closing the company leaving myself and what was left of my staff completely gutted along with 25k still outstanding from original project. I had never done anything like this before so was all very new to me, anyway, found a good solicitor paid the money which I had to borrow from the father in law and bobs your uncle, leave it to me, nothing more to worry about now, we will be in touch. kind of thing. A few weeks in, in December 2013 I received a telephone call at home from the Director of a main supplier telling me, basically he was going to take me to the cleaners as he had a personal guarantee signed by me. I disputed this as I had never signed any personal guarantees to any of my suppliers. He told me it was on the account application form. A few days later a letter arrived from them confirming our telephone conversation enclosing a copy of the Application for Credit Account. Please see both attached. I passed a copy of this onto the solicitor dealing with the company closure and was advised not to worry as nothing would come of it, if and when it did we can deal with it then. Anyway, 6 months to the day I receive a County Court Judgement in the sum of nearly 15k. and am absolutely mortified. My wife is giving birth in 5 days and I am on a morphine high from recent spine surgery so couldn't have come at a worst time really. Financially we have nothing. I had no wages for nearly 14 months before we closed and have been off work since, hence why I had back op that I had been putting off for 8 years. I had spoken to solicitor again and passed on all information, it now feels like I am being ignored but am rapidly running out of time. In my most recent email I have asked in what capacity he can help me and I am yet to get a reply. I have about 10 days before I need to file a defense and really don’t know where to start. I have read posts regarding boldness of headings etc. but thought someone may be able to give me some advice thats more specific to my problem. I Could go on writing forever as is such a complex situation but don’t want to give information that is irrelevant. Please feel free to ask if there is anything you would like to know. Thank you in advance, we really do appreciate it.