Hi,

I was director of a company that went into liquidation in June 2020.

Since then I had received some personal correspondence from Shoosmith regarding debt owed to Screwfix however I was told to ignore it by the liquidators.

I have recently received a county court claim from them for monies owed under a personal guarantee signed in 2014. I had absolutely no idea I was signing a personal guarantee at the time and believe the account application form was misleading.

I attach the application form where clause G states about guarantee personal performance.  I have requested they provide a copy of the T & Cs noted on the application but they have not been able to provide these. Instead they sent me a 2020 version of the application which had the T & Cs included on the same document.

I have contacted them by email without prejudice stating several reasons for my defence (undue influence, negligent misrepresentation etc) and offered a minimal out of court settlement. But they replied that my defence is ‘hopeless’.

Any advice on how to defend this would be very much appreciated.

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