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RBS Guarantor


kevins
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I will try and keep this brief, in short, I left a company 2 years ago, the owners of the company owed and still do owe me a lot of money as well as a lot of other people, but as in Florida think they are untouchable. I was a director of the company (not a shareholder) and naively when theyopened a new account in the UK, I co-signed a load of forms. Long story shot - when I left the company I wrote to RBS asking them to confirm that I was not liable for any debts etc, they never wrote back - however when I spoke to the Manager on the phone he verbally told me it was fine. Now two years later I have debt collectors knocking on the door for £27,000, I really am at wits end, (by the way had no correspondence ffrom bank prior to debt agency)

Any one help me please/

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Hi Kevin,

Welcome to CAG :)

Sorry to hear about your problems, sounds like a nightmare.

If you've read through the forums you'll already know the main rules when dealing with debt collectors:

Never speak to them on the phone..refuse to go through ID checks, or say in writing only and put phone down.

Same applies to doorstep visits. They have no rights whatsoever to come in, take anything or collect money. Same again- In writing only - tell them to leave (they MUST or it's trespass) and close the door.

 

It's up to them to prove you're responsible for the debt. They hopefully won't be able to come up with much in the way of proof in the circumstances.

If it was me I would send them the "prove it" letter and take it from there.

Here's the template which you can amend to suit:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

I would head it with "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

You could also tie in the doorstep letter here, stressing you will only deal with this in writing for legal reasons:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Others will be along to comment, but in the meantime, I know this was for the business but could you clarify if this actually a business loan or a personal loan used for the business? Different rules obviously apply depending on type of agreement. Do you have a copy of it yourself?

 

Hope this helps, others will be along soon,

All the best,

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Have you got copies of the documents which you signed? If not, then you need to get them as a matter of urgency.

 

I think that you should write to the bank, say that you do not acknowledge the debt and ask them for the basis upon which they are holding you responsible.

You should ask them to provie you with copies all documents which they have which relate to the account and to the alleged debt.

 

this is not an SAR as it id not personal data which you are seeking.

 

Frankly you may be in a serious mess. Has the company or the owners of the company have any assets in the UK?

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  • 3 weeks later...

I know I will sound like a 'duh' but I think I may have signed as guarantor, when they made me a manager I signed a lot of forms - in my defence if I have one - I wrote to RBS and e-mailed them 5 times to confirm that I had no liability, I got a call from the maneger but that is just verbal though.

The other thing is that the claim against me is for a company within the group that I was definitely not a guarantor, I am sure this is a clerical error on the banks part, if I point out to them now they will just change paperwork, or do I wait till it goes to court and then point out to the judge i was never a representative of that company and have no forms signed on it?

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