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Bank is trying to enforce a personal guarantee

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Could any one help me I have a problem with a Personal Guarantee which is held by a bank and they wish to enforce.

This was a guarantee signed to cover the liabilities a Ltd company which I was the sole Director of.

I have spent the last few years tussling with this Bank and they have now issued proceedings in the High Court to enforce there Guarantee. I a have no choice but represent my own case in this matter. They also have first charge over a property however the address written on there documentation does not match the property which should be the subject of the guarantee rather it is the address to a yard in front of the property which I own 50% of.

They seem to be ignoring this charge in the court case and are simply pushing the personal guarantee. I have spent the last six months trying to get discoverable documents from this bank, they gave them to me a couple of days ago.

I now know that the director of the company ( myself ) never signed on behalf of the company acceptance of the banks terms and conditions and there fore the borrowing.

The earlier signed documents agreeing the banks terms and conditions on behalf of the company have been changed by the bank with hand written note and a date several years after the signing of the agreement there are no signatures or dates to indicate when the changes were made.

 

Any advice would be most helpful.

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I will try and find someone who can help. Do you have a date for the hearing ?


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What are they claiming for..... what was the original claim...why was it not defended...how did they get a charging order...what stage of the proceedings are we at?

 

" they have now issued proceedings in the High Court to enforce there Guarantee."

 

If you could provide us with more detail then I will be able to ask the correct people to help you.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you for this reply and your offer to try and help as best you can it is appreciated.

 

Now I will try and answer as best I can.

 

The personal Guarantee is one I signed when I was a Director of a Ltd Company.

Its value is 160K.

 

They also have a charge on a property but they have not introduced this as yet.

 

This has not went through Court yet we as still exchanging documents the bank seem to be messing around with the discovery.

 

The case will next be reviewed mid March.

 

Having read the information sent to me on Thursday I have noticed I have noticed that the signed acceptance of the bank borrowing and terms and conditions was never signed on behalf of the Company.

 

I have also noticed that there was a signed acceptance a few years previous to me becoming the sole Director this was signed on behalf of the Company but the bank made written changes to this original document with it being signed or witnessed.

 

This is the only technical issues I have noticed I suppose my question is. Could the validity of the Banks ability to enforce the debt against the company be challenged? And if so could it be claimed that the difficulty with the documentation allow me to claim that I have only guaranteed the Company's legitamate dept?

 

This is not the Crux of my case it is simply some new information. The crux of my case is that a senior bank employee messed the company around and pressurized a Director other than myself to act against the Company.

This piece of information I can prove unfortunately two years after the destruction of my Company and I suppose I was also seriously damaged health wise.

 

Any and all help will be greatly appreciated.

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