Jump to content

  • Tweets

  • Posts

    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
    • It's a shame that your friend didn't take care of this while he had capacity and before he left the country, isn't it? He seems to have made your mission impossible. HB
    • HB - this form and process is as I remember it from handling relatives cases.  It's a timing thing.  Which has passed in terms of my friend
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Screwfix Direct Personal Guarantee Validity

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3882 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hi All

I know a previous post had a issue with a Credit Application Form that also sought to imposed a Personal Guarantee as well.



I have a issue with a Credit Application Form that I signed back in early 2008 for a Screwfix Direct company credit account.

Screwfix's solicitors are now chasing me because the company has gone into administration.



The application form did not have a clause under the Legal Requirements section that this was also a personal guarantee,

but did have the following wording above the signature box

"I the director agree to guarantee performance of all the company's financial obligations to Screwfix Direct Ltd and its subsidiaries".

I had signed tens of credit account applications during my time as a director, but never spotted the wording on this one.



The comments from the previous posts seemed to suggest that because the section is not headed in bold "Guarantee" but "Agreement"

and the signers attention is not specific drawn to the above wording, that this could be classed as "misrepresentation".



I have used this argument with Screwfix's solicitors, which they dismissed, but hope that somebody has already had this same issue

and have some more positive arguments that I can use in my case.

I am hoping that poster toddle2u my be able to shed some usefull information.


Any thoughts or advice would be very helpfull.



Link to post
Share on other sites

Hi The Mould


Mny thanks for the reply, I have been trying to attach the document again, but it keeps coming out the same very small size. I have now managed to attach a pdf file that hopefully will allow you to read it.

You help is very much appreciated, especially as I have this morning received a small claims court for the alleged debt.


Again many thanks




Link to post
Share on other sites

Good evening OTF


Thank you for the attached copy of the alleged personal guarantee agreement.


It would appear from the contents of the said contract that there be a guarantee in respect of performance of the Company’s financial obligations to Screwfix Direct Ltd and its subsidiaries, however, if such guarantee is held to be a valid guarantee agreement, then such was given by the Director of the Company and not by you personally.


I would refer you to the following statute:

section 4 of the Statute of Frauds 1677:


"No action shall be brought…whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person…unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorised."


Further to the above, as will be noted, the Director signed the said application form, the Company is no longer extant, therefore, the legal entity whom gave the said guarantee no longer exists and so it follows that as you did not agree to stand as personal guarantor for the Company’s financial obligations and thereby personally answer for the Company’s debts, the claimant has no cause of action against you, his cause of action complained of lay with the extinct Director of the Company.


Seek the services of an independent professional who is experienced in contract law and litigation and in particular to contracts of guarantee.


In any event, acknowledge service of the claim, defend the same, and rely upon the said statute in your response to allegation of personal liability made by the claimant.


By the way, could you please scan in and attach a copy of the terms and conditions that are stated as being on the back of the said contract.


Kind regards


The Mould

Edited by The Mould
Link to post
Share on other sites

Hi The Mould

Again many thanks for the info.

I do not have a copy of the terms and conditions referred to in the Trade Credit application, I only have the front sheet with my signature on.


A previous post on here, also concerned Trade Credit Application forms that also sought to impose a personal Guarantee on the signer

in their personal capacity even though the form was signed as a director of the company.



Attached to that post was a link to a case in Scotland, where the courts ruled on appeal

"that a personal guarantee in a contract is something which is not unusual, but if it is to be included, fair notice of it must be given to the person giving the guarantee"



In this case the section signed by the director was headed in bold Guarantee and used the term "personal guarantee"

and the courts held that was sufficient notice.

The form I signed did not have a heading Guarantee and does not have the wording personal guarantee.


Interestingly, the later versions of Screwfix's Trade Credit Account Applications

( i do not know when they changed) have been changed so that under Legal Requirements a new clause has been added in bold

saying that I, the director, agree to guarantee performance of all the company's current & future financial obligations

to Trade UK including any subsequent increases in credit limit.



I can only assume that Screwfix have change the terms following challenges to their previous wording.

I will as you suggest acknowledge the claim and submit a defence.

Again thanks for the info and help


Link to post
Share on other sites

You need to read and understand my post on a previous thread (copy below). Looking at the application form I would say they are on very dodgy ground. Just because their solicitors dismissed it it doesn't mean they are right. You need to quote all of the below to them not just the misrepresentation. How much are they chasing? I also agree with the Mould's line of argument in the fact that the form says "I the director" rather than as you as an individual. You need to put everything in your defence and it is my experience that they will withdraw their claim or accept a low f&f offer.


1) Misrepresentation - the document is headed 'Credit Account Application Form' and for it to be a PG is misrepresentation by creditor

2) i did not sign the Applciation Form in a personal capacity but as a Director of XXX Limited. It is further submitted that if this Application Form is found to be a guarantee it has an unreasonable indemnity clause within the meaning of the Unfair Contract Terms Act 1977 (”the 1977 Act”). The form that is the subject of this guarantee was between the Claimant and XXX Ltd. My involvement as a guarantor was purely a personal matter between myself and XXX Ltd

3) My trade or profession is not that of guarantor and I did not provide this guarantee in return for a fee or commission. It is therefore submitted that I was ”dealing as a consumer” within the meaning of section 12 of the 1977 Act (R & B Customs Brokers Company Ltd v United Dominions Trust Ltd [1987] EWCA Civ 3).

4) As a result of the above case, the guarantee must be reasonable and it is submitted that the guarantee does not meet the reasonableness test of section 11 of the UCTA1977 Act and it is noted that by subsection (5) that it is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does.

5) It is my belief that the guarantee does not meet the reasonableness test for the following reasons.

6) I had no intention of entering into a personal guarantee

7) What is purporting to be a personal liability is incorporated in the body of a document which is clearly designed to impose liability on XXX Limited and not myself personally.

8) It has been shown above that I am a consumer in this case. Under the Unfair Terms (Consumer Contract) Regulations 1999 (regulation 8) an unfair term is not binding on the consumer and therefore I cannot be held liable for the XXX Ltd debt.

9) Under regulation 5(1) of the UTCCR a contractual term that is not individually negotiated will be regarded as unfair if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer. The Application Form was clearly pre-printed and was a standard form of the Claimant and therefore cannot have been individually negotiated. By trying to pass the liability of a third party to myself, without my knowledge, there has clearly been a imbalance in the parties rights and is to the detriment of myself financially.

Link to post
Share on other sites

  • 7 months later...

Hi Mara13


In the end after mediation I made a payment to Screwfix that was less than they wanted, but more than I wanted to pay. I found mediation totally worthless.

Not sure I can be of anymore help to you, wish I could. Lots of helpfull advice received via this site, but my advice form a solicitor was pay.



Link to post
Share on other sites

I would have thought there is a cast iron defence to this, namely that the guarantee has to be by deed to be enforceable and on the wording described in this thread it does not appear to be (i.e. it does not say it is executed as a deed and is not witnessed). Put that to Screwfix's solicitors and see what response you get.

Link to post
Share on other sites

  • 1 year later...
Hi Mara13


In the end after mediation I made a payment to Screwfix that was less than they wanted, but more than I wanted to pay. I found mediation totally worthless.

Not sure I can be of anymore help to you, wish I could. Lots of helpfull advice received via this site, but my advice form a solicitor was pay.




OK, that's your call and no-one here can argue against the same.


However, just to be clear on this point of law, signing a Guarantee Agreement in the capacity of the Director of the Company by a named person such as Mr John Smith, does not mean that Mr John Smith is liable for the same claimed under the Guarantee agreement, because............... Mr John Smith and the Director of the company in this respect are two entirely different entities - see my previous post above on this matter - Statute of Frauds 1677.


Kind regards


The Mould

Link to post
Share on other sites

Hi The Mould


Sorry to jump into someone else s thread but based upon your point of the company no longer being an entity, is this also relative if the director had resigned many months prior to the company defaulting. I have the same situation with the same document however I had resigned from the company 7 months prior to them going into administration. I pointed this out to the claimant and they say it is irrelevant as I had never provided them notification and so they were unaware. I find this difficult to believe as it was registered at companies house and thus would have flagged up with the likes of Experian or D&B.


Any advise would be greatly appreciated.

Link to post
Share on other sites

If you signed the Guarantee in the Capacity of Director of the Company and resigned there from several months before the creditor called in the guarantee,



then you are not liable for debt claimed because



a) you signed the guarantee agreement as director of company and



b) you resigned from the company several months before the creditor sought to enforce the same against you, based upon these circumstances, it is not a personal guarantee, therefore, you are not liable.


Kind regards


The Mould

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...