Claim from - Rway - 2nd £10k business guarantee i knew nothing about?

[dunvant]

I would appreciate some advice on the following.

 

I was being pursued for a debt by Robinson way- ex HSBC

 

This is because I was a guarantor for a company debt.

 

I paid all but 6k by monthly payments but they started to press for lump sum payment.

 

As a result I initiated a SAR and discovered my liability was 10k and I had already repaid 12k.

 

They also failed to provide proof of call up of the guarantee.

 

I made a cc claim to recover my overpayment.

 

At the hearing the only defence offered was that I was also liable for interest.

 

The judge ordered a stay to agree a settlement.

 

The solicitors for RW were very evasive, but when we finally spoke they said there was a second guarantee for a further 10k.

 

I have to notify the court end of this week and was looking for some advice on a response.

 

Many Thanks,

John

[gerson]

Hi dunvant,

 

This is probably better in the main 'Financial Legal Issues' forum - you are currently in 'DCA Successes'

 

Have asked site team to move the thread

 

G

[dunvant]

G , thanks.

[citizenB]

Thread moved to correct forum..

 

Have RW provided a copy of this "2nd guarantee" ?

 

I will ask others on the site team for advice for you, but they may not be around until later in the day..

[dunvant]

Yes they have provided a copy of the second guarantee.

[citizenB]

And do you agree that you entered into this 2nd guarantee ?

[dunvant]

I must have entered into the guarantee as my signature was on there.

We are talking about 8 years ago so my recollection is vague.

[dx100uk]

urm.. why was this not complied with/sent with the original sar.

 

I also question the legality of 2 guarantees for £10k signed at the same time?

 

dx

[dunvant]

The guarantee which was produced on my sar was dated 15 Nov 2004 and for 10k. I was aware of this.

The second guarantee was sent to me after the court hearing a few weeks ago was dated 21 Jan 2005 for 10k. This was a surpriseas I had no recollection of this and it was not provided in the sar or as evidence in the court hearing.

 

My claim against RW was based on evidence from the sar.

I have until Monday morning to inform the court on whether we have reached a settlement and of course we

have not. Not sure what to tell the court.

[AndyOrch]

I must have entered into the guarantee as my signature was on there.

We are talking about 8 years ago so my recollection is vague.

 

Not necessarily ..if you had it would have shown on the DSAR ...just because your signatures on it...I wonder how that could have got there?