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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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medievil2003

Personal Guarantee for Ltd company on Building Supplies

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Hi all, good morning.

 

We owned a Ltd company which has just gone into liquidation and there are a list of creditors that are still owed money, we went through our own liquidator who sorted everything out for us. The list of creditors was given a chance for a creditors meeting and no-one turned up.

 

Since then, a building supplier company has been knocking on our door asking me for the money that is owed, i had totally forgot years ago i had signed a deed of guarantee under my name...

 

Because i was the director of the Ltd company, the company went under and so am i, not being able to pay any Credit cards etc it will be the same for this.

 

The building supplier has appointed this to a solicitor who is now chasing this and i am drafting a letter to them today with a payment offer per month only to what i can afford...now, on their letter it states this:

 

" X's claim is not one which is subject to any pre action protocol. this letter is written pusuant to section III of the practice direction pre-action conduct "the practice direction". Bearing in mind this is a debt which we do not believe that alternative dispute resolution is appropriate. However we would be prepared to consider any representations you may have in this respect."

 

I have a copy of the guarantee, this was signed but never dated - what can i do here? I have no other choice but to pay them bare minimum, is this a secured debt? or are the terms like those of credit cards in such respect?

 

Any help will be much appreciated.

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Hi Medievil.

 

Useful Information :- http://www.bdl.org.uk/images/10_EW_BDL_Limited%20Companies.pdf.

 

Regards

 

Andy


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Hi Andy,

 

Thank you, i have just printed this off for a read.

 

Does it make a difference whether the PG has been dated? The signature is there but there is no date to mention when its legally bounded.

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Im not sure re the date and if that affects the execution...here are some key points from a usual requirement of PG,s.

 

(H) Guarantor requirements

Where our loan is to be guaranteed by a guarantor the following provisions apply:-

1. Interview with Guarantor

(a) Each Guarantor must receive advice from a solicitor who can provide independent legal advice. Such independent

advice may be given to a Guarantor by you, a solicitor within your practice or a different office of your practice or any

associated practice where you are satisfied under the Solicitors Code of Conduct that as the Guarantor will be a client

of the advising solicitor there is no conflict or no significant risk of conflict between the interests of the Borrower and the

Guarantor or any other Guarantors for whom you may act.

(b) If you are unable to provide the advice you must give each Guarantor a copy of our standard form Certificate of

Confirmation of Advice together with a copy of the Offer and explain that he must obtain advice from a solicitor who is

independent of the transaction.

© The solicitor giving the advice must sign and endorse the Certificate of Confirmation of Advice.

(d) A legal executive or licensed/registered conveyancer may not give such advice. Subject to the Solicitors Code of

Conduct on conflict, the same solicitor may advise one or more Guarantors.

(e) By signing the ROT you confirm that each Guarantor has received the appropriate independent advice in accordance

with these supplemental instructions herein and that you are in possession of a Certificate of Confirmation of Advice for

each Guarantor duly endorsed, dated and signed by the solicitor who has given the advice.

(f) The Deed of Guarantee must be signed by each Guarantor personally. The Deed of Guarantee may not be executed by

an attorney or any other person acting for or on behalf of the guarantor.

(g) The Deed of Guarantee should be dated the same date as the corresponding Legal Charge and the original returned to

us with the deeds.

(h) We will not release funds until you have sent to us either by way of facsimile or post (and we are in receipt of the same)

certified copies of the Deed of Guarantee duly executed by all Guarantors and dated together with a certified copy of

the duly signed and dated Certificate of Confirmation of Advice for each Guarantor. The Deed of Guarantee and

Certificate(s) of Confirmation of Advice must be dated the same date as the Legal Charge.

 

 

 

Regards

 

Andy


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Further tips:-Tactics to use if a personal guarantee is called in

 

 

If the worst happens and the personal guarantee is called in by the bank when your business doesn't have the funds to repay it, for example if you go into administration, you should take early advice and carefully consider the options available to you as the implications of the bank taking legal action can be severe.

 

You may firstly want to examine whether the guarantee is likely to be enforceable by the bank. For example, is it backed by a charge on your house; was independent legal advice given and can the original signed document be located by the bank?

 

The next stage is to look at your ability to repay the money. If the bank has a charge your house or believes there are other assets sufficient to repay the full amount then the room for negotiation of a lower figure in full and final settlement is more difficult, but not impossible. If you have little means to repay then the bank will take this into account during negotiations.

 

If you discharge the guarantee in full and there were co-guarantors, you may be able to recover from them their share of the total guarantee. The same applies if you pay the bank more than your share. But the opposite is also possible, so if the bank goes after one of the other co-guarantors, that co-guarantor may come after you.

 

As always, tactics and timing are crucial for any director who ends up in this unfortunate predicament.


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Hi Andy,

 

Thank you so much for your help so far -

 

It does not relate to a bank but the letters i am receiving are from a solicitor of the building supplier, they were on the list of creditors when liquidation was being processed, i thought they would have turned up to the creditors meeting and put this forward. They may still try and claim for any money that was left in the bank at the time of it being frozen.

 

If this helps at all the terms on the signed document are:

 

1. In consideration of your agreeing at my reuqest to supply goods to: " x " hereinafter called "the Customer" I the undersigned

 

1.1 HEREBY UNDERTAKE AND GUARANTEE as Principal Debtor and not merely as Surety the due payment of all monies now due or which may hereafter at any time become due or payable to you from the Customer and

 

1.2 As principal debtor i agree to indemify you on demand from and against any loss costs and expenses on an indeminty basis you may incur as a result of or incur as a result of or in connection with the suppy of goods to the customer.

 

2. THIS GUARANTEE is to be a continuing guarantee and shall not be affected by your giving time or any other indulgence to the customer or to me and you may ay anytime or times at your absolute discretion and without giving any notice whatever to me refuse any or any further credit or supplies of goods to the customer or extend or any credit or credit facilities in the customers favour or grant any indulgance in respect thereof.

 

3. MY LIABILITY hereunder shall continue notwithstanding such rights of set-off or counterclaim as the customer might have against you and i undertake and agree not to seek to rely in any proceedgins issue by you to enforce my liability hereunder on any rights set-off or counterclaim that the customer may have against you.

 

4. THIS GUARANTEE shall extend to and be applicable to all sums which may from time to time be due and payable by the customer for goods supplied by you and noit merely to so much of the sums due or payable as equals the limit of my liability hereunder

 

5. THIS GUANTEE shall be binding on my exectutor or Administrators and upion any supervision receiver trustee or other person lawfully acting on my behalf and shall for the benefit of and be enforceable by your successors in title and assigns

 

6. IN THE EVENT of there being provision for mroe than one signature to this guarantee the obligations and liabilities of a person signing this guarantee shall not be construed as being conditional on signature of the guarantee by any one or more of the other proposed signatories and that personal shall be pound forthwith upon signing the same but as between those that do sign their obligations and liabilities shall be construed and have effect as joint and several obligations and liabilities.

 

7. THIS GUARANTEE shall not be affected for impaired in any way by the express of implied discharge from liability of anyone or more of the Sureties.

 

8. THIS GUARANTEE shall be additional to any other Guarantee or security now or hereafter helf by yiou in respect of the total indebtedness of the customer to you and you shall not be obliged to take any action against the customer nor enforce any other security held by you before enforcing this guarantee.

 

9. I reserve the right to revoke this Guarantee upon 14 days notice in writing addressed to the credit manager of 'X' at its head office as to all future dealings by the customer with you after expiry of the notice period PROVIDED THAT such notice is served shall not be deemed to have been served prior to the date which is 6 months following the date hereof:

 

IN WITNESS whereof this deed has been executed

(NO DATE has been written)

 

your further advice is appreciated.

Edited by medievil2003

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