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Personal Guarentee - Court Case this week pls help


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Hello

 

Hoping someone could give me a little advise.. I have court this week and I have no idea what im doing or saying.

 

Basically I signed a personal guarantee for equipment for a limited company that I was a director of that went into liquidation - they are chasing me for the money (2 years)

 

I received court docs and defended with following statement that I compiled with the help of this forum

 

  1. The Defender denies that she is liable to the pursuer either as alleged in the particulars of the claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied.

 

  1. It is admitted that XXXXXXXX Limited is dissolved.

 

  1. The defender denies that she has provided a personal guarantee for the aforementioned company debts. At no point during contractual negotiations between the pursuer and the former limited company did the pursuer explain to the defender that she was required to provide any form of guarantee over the aforementioned limited companies debts. At no point during contractual negotiations did the pursuer advise that the defender should seek independent legal advice in relation to any alleged personal guarantee that may be required.

 

For the avoidance of doubt any documentation allegedly signed by the defender would have been in the capacity as an agent on behalf of XXXXXXXX Ltd and not as an individual.

 

The defender seeks to challenge the validity and enforceability of any document in which the pursuer claims is a guarantee.

 

 

  1. The pursuers claim to be entitled to £XXXXX plus interest or any other sum is denied

Im not sure what im doing or saying now,

I have document that they claim is a personal guarantee which was attached to finance agreement. I had no idea at the time this would make me liable for the company debts. It had all sorts of blanks for me to fill in re personal details which I ignored and just signed at the bottom. Would this be enforceable on the basis they did not point out that it was a personal guarantee and that I didn’t fill in the details other than my name/signature and date?

 

hoping someone can advise me am not sure what im doing at all

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Hello

 

Hoping someone could give me a little advise.. I have court this week and I have no idea what im doing or saying.

 

Basically I signed a personal guarantee for equipment for a limited company that I was a director of that went into liquidation - they are chasing me for the money (2 years)

 

I received court docs and defended with following statement that I compiled with the help of this forum

 

 

  1. The Defender denies that she is liable to the pursuer either as alleged in the particulars of the claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied.

 

 

 

  1. It is admitted that XXXXXXXX Limited is dissolved.

 

 

 

  1. The defender denies that she has provided a personal guarantee for the aforementioned company debts. At no point during contractual negotiations between the pursuer and the former limited company did the pursuer explain to the defender that she was required to provide any form of guarantee over the aforementioned limited companies debts. At no point during contractual negotiations did the pursuer advise that the defender should seek independent legal advice in relation to any alleged personal guarantee that may be required.

 

 

For the avoidance of doubt any documentation allegedly signed by the defender would have been in the capacity as an agent on behalf of XXXXXXXX Ltd and not as an individual.

 

The defender seeks to challenge the validity and enforceability of any document in which the pursuer claims is a guarantee.

 

 

 

  1. The pursuers claim to be entitled to £XXXXX plus interest or any other sum is denied

 

Im not sure what im doing or saying now,

I have document that they claim is a personal guarantee which was attached to finance agreement. I had no idea at the time this would make me liable for the company debts. It had all sorts of blanks for me to fill in re personal details which I ignored and just signed at the bottom. Would this be enforceable on the basis they did not point out that it was a personal guarantee and that I didn’t fill in the details other than my name/signature and date?

 

hoping someone can advise me am not sure what im doing at all

Hi,

 

Does the document say "personal guarentee" on it above where you sign? You should really have read it and not just signed.

 

Can you scan a copy of the document less personal details please?

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Thankyou so much for fast reply! it says GUARANTEE & INDEMNITY,

 

and it just says INDEMNIFIER Above where I sign

 

I will upload it as soon as I figure out how to, please bare with me, I really appreciate your help thank you

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I will dig deep for the original when i get home from work - the copy i have here is attached to summons and looks like its been photocopied several times its quite blurry to read

 

Im so sorry and Im so very greatful for your assistance i will try again tonight uploading a copy thank you

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Are you by any chance in Scotland Eeeek?

 

Regards

 

Andy

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GUARANTEE & INDEMNITY

not regulated by consumer credit act

 

 

I, The Indemnifier named below request you the creditor (which expression includes the creditors successors and assigns), to enter into the agreement briefly described below

(“The Agreement”) with:

 

(“The Customer”) Full Name……XXXXXXXXX….LTD

Address…XXXXXXXXXXXX

and in consideration of your doing so, Irrevocably agree as follows:

 

 

  1. I will pay you on demand, any amount which is due and payable and unpaid to you by the consumer under the agreement
  2. I will indemnify and keep you indemnified against all loss, damages, claims, costs and expenses incurred by you as a result of your entering into the Agreement whether arising out of a breach of default by the customer or otherwise, including any arising from the agreement for any reason unenforceable against the customer.
  3. A judgement against the customer given in connection with and matter relating to the agreement shall also bind me.
  4. Any notice to me may be sent to or delivered at my address stated above, any other address of which I may notify you in writing or my address last known to you
  5. you may transfer this guarantee and indemnity and/or any or all of your rights under it to any person (s) provided that this does not effect my obligations under this guarantee and indemnity or my rights. References to “you” include such person(s)
  6. if this guarantee and indemnity is signed on behalf of a firm, partnership, company or other body, references to “I/me” shall be construed accordingly. This guarantee and indemnity will not be affected by my death(but shall be binding upon my personal Representatives), nor by any change in the composition of the debtor or the indemnifier.
  7. No relaxation or indulgence which you may extend to the customer shall in any way prejudice or act as a waiver of your strict rights against me.
  8. my particulars stated below are true and accurate

 

………………………………………….

 

ACKNOWLEDGEMENT BY YOU

 

 

  1. By entering into this guarantee and indemnity you, the indemnifier, might become liable instead of or as well as the customer. You acknowledge that you should seek independent legal advice before signing.
  2. you acknowledge that you have received a copy of this guarantee and indemnity

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:( I didn't goto court.. Had no idea what to do or say.. I'm guessing I'm going to get a Ccj or something?

 

What now? Can I arrange to pay them or will they want paid in full (I don't have full amount)

 

Please help

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Sorry you didn't get any help but Scottish law is not something most people on here are familiar with.

 

I imagine as you didn't attend you will have automatically lost and depending on the value of the claim been awarded costs agaisnt you.

 

Wait for the Order from the Court which I imagine with be "forthwith", i.e. immediately.

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:(

 

No problem thanks for your reply, I relay appreciate it, I was just worried everyone went silent when I said I was from Scotland...

 

Ps: Im a NO voter... Better together I Think :)

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