AIB business debt, charging order, need help with defence

[Emsworth8574]

Hi

 

I'm new to the site and very grateful for being recommended to it.

 

My company's bank is suing me under the terms of a personal guarantee, having reneged on an agreement to accept advance loan interest payments, which they have now deducted from the capital sum.

 

I have a CCJ, an interim charging order on my property and want to file a late defence. I have a court date in three weeks.

 

Their original agreement and the new interest rates must mean that I can pursue this.

 

I would be grateful for any help you can offer.

 

Thanks.

[MARTIN3030]

Welcome to the site.

Will move your post for you-just out of curiosity which bank is it ?

[smouk]

My company's bank is suing me under the terms of a personal guarantee, having reneged on an agreement to accept advance loan interest payments, which they have now deducted from the capital sum.

AIB = Allied Irish?

 

Did AIB renege on a written agreement?

[I've got no money]

As a starting point can you post the Claim form - how did they get the CCJ - I presume that you've filed an N244 - can you post that as well.

 

You mentioned an agreement - if its' in writing can you post a copy of it

[Emsworth8574]

I'm very sorry for not replying - my email didnt confirm any responses. Unfortunately, I now have a hearing tomorrow and will have to be a litigant in person because I can't afford legal advice.

 

However, here is more background and answers to above questions.

 

The bank is Allied Irish Bank.

 

The bank agreed to me letting out a property I built (using their development loan) and I paid 2 years rental payments into a deposit account from which AIB could deduct monthly rentals. This was agreed in writing to the tenants, but I have no copy in writing. The bank is now struggling...

 

I had a demand from them after they took all the rental monies from the deposit account and took it off the capital sum. They have an CCJ (I didn't file a defence because of stress and trying to sell the house instead) and now have an interim charging order on the house. Tomorrow I have a hearing from an Application for a Charging Order on my own house.

 

Some legal advice had told me that they should have the charge over the development rented property (there is more than enough equity in it - i have a valuation that supports this) and because this can be seen as an 'assumed debt' because there are funds in that house to cover it.

 

I want to ask for the case to be adjourned tomorrow so that I can prepare a defence on these grounds.

 

I am writing up a history of the case for the judge but want to be as prepared as possible.

 

I have even found a buyer for the house but this will take time to go through naturally.

 

Any ideas would be gratefully appreciated.

 

Attached is a copy of the interim order and tomorrow's application. Hope you can read them.

[Emsworth8574]

Bump.

[supasnooper]

Hope this is not too late .

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

 

National Debtline

 

and this gem of a post ( Courtesy of FunkyFox ) -

 

FunkyFox post