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Found 3 results

  1. Builders merchant "Credit Account Application Form" had no terms and conditions printed on it or attached to it but stated "by signing this agreement you are agreeing to accept the terms and conditions of ************, a copy of which is available on request". I did not suspect there to be any onerous conditions and certainly not a personal guarantee clause, so I did not request a copy of the terms and conditions. It would now appear that under their clause headed "Financial Condition" the following wording appears. "If the company becomes insolvent or goes into liquidation, insofar as I am a director of a limited company., I hereby personally guarantee performance of all the Applicant company's obligations to ************ against all and any losses incurred by them. I further acknowledge and have had notice that such a guarantee and indemnity obligations will be enforceable against me in my individual capacity". The builders merchant have now raised a small claims action against me for the repayment of £2500, do I have any defence ? Please note that the law of Scotland applies.
  2. Hi A friend is having a big problem with her card processing company. She runs a small pre owned business selling computers,power tools, guitar e.t.c and she sometimes takes these product from customer to sell on their behalf. She sold studio equipment recently for over £10,000. She called the card company and gave the card details and address of the cardholder while the customer is in the store. The card company was happy for her to progress with the transaction and was given a authorization code. The following day she had a call from the card processing company fraud department saying the transaction appears fraudulent and they are going to investigate. She passed all the customer details to the card processing company and they passed to the bank, the bank sent the customer a letter but no reply and the bank said they cant send anymore letter to the customer so the card processing company said they are going to hold the whole cash for 390days and they advised my friend to write to the customer. She is confused and really sad, the issue is causing a lot of problem for her business. What can she do to get her money back? Are they allow to hold her money for 390days?
  3. Hi All, looking to a bit of advise. My Limited company is now insolvent. I am being per sued personally from a couple of trade creditors. THEY SAY I SIGNED A PERSONAL GUARANTEE WHEN I OPENED A TRADING ACOUNT. I was the managing director and signed the account forms in that capacity. They are pursuing me personally. What do i do and are they right to pursue me ?
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