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help with personal guarantee pleaseeeee


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Can anyone help?

I owned a business in Scotland that was in dispute with a supplier. The business subseqently went into administration. The liquidator knew there was a dispute with supplier. The supplier had been overcharging despite us having written agreed pricing with supplier. Liquidator aware of this and also aware that I had a PG with supplier. Supplier went to court and obtained a decree for full amount outstanding. Liquidator did not dispute the action or inform me that any action was taking place. I am now in the position where I cannot dispute the decree as it has already been granted against the business and I cant dispute the personal guarantee because there is a guarantee, I am not disputing that, just the amount the supplier is claiming under the PG. Going to an options hearing soon and need to know how I can go about reducing the amount of the PG. I can prove that the company has been overcharging. Have copies of the invoices and a copy of agreed pricing list.

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My question would be why the liquidator did not defend the action when he knew the amount being claimed by the supplier was more than the agreed amount? I think you need to hammer this out with the liquidator and if necessary make a complaint about negligence on the part of the liquidation firm.

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Thanks for that. We have already had a meeting with the liquidator where we failed to make any progress. The liquidator stated he did not have any obligation to defend the action or to inform us of the pending action. He advised we get a lawyer. On the lawyer front we have tried to appoint a lawyer however noone seems to want to take the case on. I dont know if it is because we are in liquidation and we have issues with this personal guarantee and the liquidator, but even when we have stated we will pay in advance they just dont seem to want to assist. The last lawyer we visited only yesterday stated he did not have the time, and we are fast running out of time before we have to return to court.

 

Does anyone know if you can defend not the personal guarantee, but the amount they are claiming on the guarantee.

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Can anyone help. I owned a business that had a dispute with a supplier. I subsequently went into voluntary liquidation. The liquidator knew I had a dispute with the supplier and that we had an agreed price list and also that I had a Personal Guarantee on the account. Liquidator knew we could prove that we were being overcharged. Supplier obtained a decree against the company and the liquidator never disputed the amount or informed us of the impending legal action. Supplier now pursuing me under the personal guarantee. Pursuing me for the full amount however, I am not due the full amount. Solicitor I spoke to said we cannot defend the decree because it has already been granted for the full amount and also that there is a PG in place so I cannot dispute this either. I dont want to dispute the PG, just the amount that is being claimed under the PG. Can anyone help point us in the wright direction, I have been to 3 solicitors none wishing to take the case on, and the Citizens Advice who had noone that could advise. I am based in Scotland and we have an options hearing coming up soon. I am desperate for some help. Liquidator also stated he did not need to inform me of impending action and doesn't feel he has done anything wrong.

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Please help. I go to court next week and am not disputing that I have a Personal Guarantee(PG), just the amount being claimed under the PG. My business went into liquidation. I had a dispute with a supplier over the amount charged on invoices. I could prove I had been overcharged. I had an agreed price list, so could prove invoice amount was more than the agreed price amount. After voluntary liquidation heard no more about dispute until letter came through the post informing me that I had to pay up under the PG and for the full amount outstanding. A decree had been granted under the business. The liquidator did not dispute nor inform us that this action was being taken against the company. The liquidator knew that I had a dispute with this supplier, that I had an agreed price list, that I could prove I had been overcharged and also that I had a PG. Asked the liquidator why he did not dispute or inform me, he told me he did not have to. I have now been left in the position that it is going to be difficult for me to defend and I dont know how to. I have approached several solicitors none wishing to take the case on. Even been to citizens advice who had no one who could assist. Really getting desperate will end up losing house because I cant afford the full amount of the PG.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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