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Soni

HSBC personal guarantee

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Hi we are really in bad situation at the moment. My husband and his brother started a business in 2005. After couple of months we started noticing that the business is not doing well and decided to close it. At that moment we had 25k overdraft. My husband remortgaged the house to pay off that o/d and paid that money. But his brother carried on another business with the same company name. We had business a/c with hsbc. We spoke to the bank that we are not liable for any debt going forwards and resigned from the company. Until that time my husband had given 3 Personal gaurantees for 12k, 15k and 50k. Even after we consulting with the bank to finance the business his brother carried on they didn't stop. Now his brother gave taken all the cash and increased the o/d to 100k and ran off to Canada and settled there. The personal guarantees are in the joint and several liability. Now as the bank cnt get hold of him they have come after us. I am not sure how can I deal with this. I am pregnant and due in 2 months and already have a 4 years old daughter. Haven't got any money as still paying that 30k loan we took on house. Really stuck. We have wrote a letter explaining all this to bank and given them his brother contact details and address which we found from some of his friends and offered them 2k even though it's not our debt and to take our name out from personal guarantee. They gave come back that they need more money. I don't know what to do whether to take them to court and his brother aswell or offer them more money which I don't have or declare bankruptcy. is there anyone who can help me please....

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