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zigzag41

Big problem with a personal guarantee

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Hi, new to this forum and I hope this is in the right place. I have just had a statutory demand served on the 3 december for a £130,000. I signed a guarantee on an advanced payment bond. This has been in dispute for over five years. The bond was to cover an advanced payment on a piece of equipment that a company I worked for was going to deliver and commision. We delivered it and after many contractual hastles that the other company were supposed to provide they banned us from the site and refused to allow its commisioning. A solicitor wrote to them stating the contract had been breached and they did not remedy the situation within the agreed timescales of the contract.

I informed the Bond company that they had breached the contract and gave them evidence of the plant being delivered. Somehow five years later this company have made a claim on the Bond and won.

I wrote to their collection agents before the deadline asking for information and gave them a list of reasons why I felt the personal guarantee was nul and void.

They served the demand before the timescale was up and without any communication, despite giving them 14 reasons why i dispute the validity of the guarantee.

Any thoughts/ help PLEASE.

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