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Natwest Business account Is this personal guarantee valid?


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In Oct 2009, my ex-husband signed a personal guarantee to cover an existing business overdraft of £140k for the right to borrow £60k more from NatWest which the bank knew was due to pay credit card demands. The overdraft was totally unsecured before that. His business had clearly been failing for some time and they pressurised him to secure their previously unsecured lending.

 

It was an extremely stupid decision on his part but we now know that he was succumbing to mental illness, from which he has never recovered. He broke down at the signing of the PG and was clearly in no fit state to make any decisions. I have copies of his emails to the bank saying that he considered that he had been co-erced into signing.

 

I am now losing my home to a bankruptcy trustee who cites this PG as the major debt and is forcing a sale of my home. I also lost my husband, of course.

 

Here is my question - the bank pre-prepared all the documentation including legal advice waiver and minutes of company meetings which didn't exist. They wrote the PG in our joint names. I was never told about it and was never advised to get legal advice etc. NatWest has admitted that they knew I would object to my home being formally taken as security. The place for my signature was struck through, although my name on the document was not erased, and the PG was processed.

 

Some days later, the bank bounced a payment to a major supplier which probably put the final nail in the coffin of the business. They apologised but the damage had been done. Apparently, several weeks later they signed new documents just in his name, but the PG was already underway by then.

 

I didn't know about the PG until June 2010, when it was too late, and I didn't know that the original PG had my name on it until a year later, when I found the paperwork. Can I contest the validity of the PG? Is what they have done strictly legal?

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If you signaure was ''struck though'' then you would be deemed not to have signed, and the document in mhis name only superceeds the first one.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Will move to Business bank charges.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Will move to Business bank charges.

 

So does the forum think that the first PG was valid?

Can the bank actually do that knowing that a joint owner objects to a home being taken as security?

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I cannot tell, you say the signature was struck out imo the guarantee is invalid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The reason I moved here is because we have had lots of these posted about.

In fact I am helping a friend of mine who has 2 PGs from RBS totalling over 240k.

I think they were from around same periods as yours.

And of course NAT West and RBS same group.

I am convinced that there were irregularities with theses PGs but trying to untangle the web is no easy feat.

Have you got all the docs ?

My friend did a full SAR and asked for activity logs/manager reports/screenshots/etc etc.

What they sent is about 6" thick so it is taking time wading through it.

We dont seem to have seen a lot of success with these who have been here for help,I think thats because we are still waiting for something explosive to be revealed which will pave the way.

I believe things will come out,as they did with PPI.

My friend was formerly with Natwest business before RBS and told me about an agreement that was signed.

Apparently it had to be re done because they realised they had not complied with procedures.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

I did ask for a full SAR but got very little. They will not give me their internal correspondence or credit manager's correspondence. In fact it was not my account, so I had trouble getting any information at all. I eventually got authorisation from my ex-husband for the bank to release their data. Should I go back and ask for more?

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I would, there's a few contact details at the thread below that may assist. The problem you face is that you can't use the DPA as a fishing expedition, nor can you insist on release of 3rd party data/notes which may identify that person...... I suppose you could request redacted notes but it seems to have tightened up on disclosures in light of several publicised forgery allegations last year

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361430-RBS-Credit-Cards-Failure-to-comply-with-SAR&p=4049577#post4049577

 

You could remind it of s.35 of the DPA

 

http://www.legislation.gov.uk/ukpga/1998/29/section/35

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Many thanks for the contact details.

 

Does anyone know if a deed has to be independently witnessed?

My ex-husband says that he had no idea he was signing a 'deed', no-one explained the details to him and he was not encouraged to get legal advice - the BM had legal advice waivers ready to sign.

Is this against the OFT and CCA?

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  • 4 years later...
The reason I moved here is because we have had lots of these posted about.

In fact I am helping a friend of mine who has 2 PGs from RBS totalling over 240k.

I think they were from around same periods as yours.

And of course NAT West and RBS same group.

I am convinced that there were irregularities with theses PGs but trying to untangle the web is no easy feat.

Have you got all the docs ?

My friend did a full SAR and asked for activity logs/manager reports/screenshots/etc etc.

What they sent is about 6" thick so it is taking time wading through it.

We dont seem to have seen a lot of success with these who have been here for help,I think thats because we are still waiting for something explosive to be revealed which will pave the way.

I believe things will come out,as they did with PPI.

My friend was formerly with Natwest business before RBS and told me about an agreement that was signed.

Apparently it had to be re done because they realised they had not complied with procedures.

 

Now the stories of the 'Dash for Cash' are being revealed. SMEs and GRG are only part of the shocking treatment to which customers were subjected in order to protect the bank manager's position. I hope that more people who have been victims of this financial rape will now come forward. I would like to hear from you.

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  • 1 year later...
Now the stories of the 'Dash for Cash' are being revealed. SMEs and GRG are only part of the shocking treatment to which customers were subjected in order to protect the bank manager's position. I hope that more people who have been victims of this financial rape will now come forward. I would like to hear from you.

 

I am still in a similar position to you are you a member of the SME alliance??

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