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  1. Hi, In 2009 I was a director at a company and I stupidly signed an overdraft guarantee with the bank along with another 3 directors. I was the only non share owning director. Each of the other directors secured their houses but I didn't as I didn't own any property so it was considered unsecured I guess. In mid 2010 I left the company and give notice to the bank that I had left, The company subsequently went insolvent very early in 2011. In 2012/2013 2 of the directors have had their houses repossessed and I recently heard the 3rd director has been chased for the remainder and is having to give up their house, I guess there must be a balance left now as they are chasing me. I had a visit from a collection agent earlier this year asking me about something I guaranteed 8 years ago but he didn't know what it was so I said "I don't know what you are talking about and closed the door". this morning I have received a letter demanding my outgoings to cover the remainder. This letter does not tell me how much is owed and I have never had a formal demand for the balance. I am at a loss of what to do and don't want to admit anything to them and i'm completely gutted. Can someone help me please and advise what I should do. Thankyou.
  2. hi I bought a security light from an independant online retailer which offered the best price online, I e-mailed beforehand to check the product was OK and met with great customer service. Went ahead and purchased the light. 11 months down the line the light failed and because its an LED type unable to replace the bulb. I felt relieved as it came with a 3 year warrenty. I e-mailed British General to explain what had happend and for advice but there was never any response to my e-mails i rang them and was told that these lights breaking was a common problem and advised to return it back to the online store. Whenever I contacted the store I never received any reponses to my e-mails or phone calls. I found the receipt for the website which is no longer working server not found so i can only presume they are no longer trading. I tried telling this to the manufacturer but no joy, I just kept being told that I must contact the retailer. Where do i legally stand because if the manufacturer states in their terms that its guarenteed for 3 years, most hightstreet stores say you need to contact the manufacturer if it breaks down after the first year. Can you legally force a manufacturer to honour their agreement?
  3. Hello, hoping someone can give me a little advise on what I can do My ltd company was wound up 3 years ago, I had given a personal guarantee on 2 loans. 1st loan 2nd charge on my house I live with my family (approx £20,000 still outstanding) 2nd loan full security on a small flat that I inherited from my parents(approx £35,000 outstanding) the payment rate on the loans before company liquidation was £430 and £270 per month. I have recieved a calling up notice and I have my solicitor at negotiations with debt agency, I am unable to raise any funds as i am not working at the moment - I filled out income and expenditure forms and even included my husbands income on the form (even though he played no part in this loan/garentee nor is he on title deeds of property), after bills there was £100 surplus, I knew this wouldn't be enough for them so we removed what we considered to be "luxury items" from the income/expenditure ie haircut/clothes/kids trips etc I offered Lloyds £450 per month and they have refused - they want me to pay £1400 a month even though they know that there is no way on earth that I could pay that kind of money , my solicitor wrote again explaining the situation and even said that as soon as i find employment that I will notify them to increase the payments. but they say no, they say they have full security for all debt with the flat and want to force a sale unless I pay £1400 My question is: would a court force a sale even though I have made offer of £450 per month to pay this debt? should I just start paying the £450 a month even though they said that they wont accept it? I know the company failed to pay so that onus is now on me to pay it but surely they cant just sell the property when im willing to pay them back? The company was paying £700 a month when it was trading, it seams really unfair they are pushing me to pay £1400 Please help me, Im not sure what on earth to do and really dont want to goto court
  4. Hello Hoping someone could give me a little advise.. I have court this week and I have no idea what im doing or saying. Basically I signed a personal guarantee for equipment for a limited company that I was a director of that went into liquidation - they are chasing me for the money (2 years) I received court docs and defended with following statement that I compiled with the help of this forum The Defender denies that she is liable to the pursuer either as alleged in the particulars of the claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied. It is admitted that XXXXXXXX Limited is dissolved. The defender denies that she has provided a personal guarantee for the aforementioned company debts. At no point during contractual negotiations between the pursuer and the former limited company did the pursuer explain to the defender that she was required to provide any form of guarantee over the aforementioned limited companies debts. At no point during contractual negotiations did the pursuer advise that the defender should seek independent legal advice in relation to any alleged personal guarantee that may be required. For the avoidance of doubt any documentation allegedly signed by the defender would have been in the capacity as an agent on behalf of XXXXXXXX Ltd and not as an individual. The defender seeks to challenge the validity and enforceability of any document in which the pursuer claims is a guarantee. The pursuers claim to be entitled to £XXXXX plus interest or any other sum is denied Im not sure what im doing or saying now, I have document that they claim is a personal guarantee which was attached to finance agreement. I had no idea at the time this would make me liable for the company debts. It had all sorts of blanks for me to fill in re personal details which I ignored and just signed at the bottom. Would this be enforceable on the basis they did not point out that it was a personal guarantee and that I didn’t fill in the details other than my name/signature and date? hoping someone can advise me am not sure what im doing at all
  5. I bought a pair of shoes in July from Clark's for £30. On sale from £60. I tried to take them back today as they have worn excessively in the heel area. I have my receipt. The manager said shoes only have a28 day guarantee and as a gesture of goodwill will only give me a£20 voucher towards a new pair of shoes. I thought everything came with a years guarantee. I also feel these shoes should not have worn so much in the heel area in only six months.
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