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Personal Guarantee "Travis Perkins" - now being called upon


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I said in previous posts that you would probably struggle on this one as it is one of the newer account application forms that you signed that clearly says "Credit Guarantee". The main thrust of the arguement is not misrepresentation but that you signed in as a consumer and not in a business capacity. You need to go back at them with that re-stating the case law I mentioned previously

 

 

You then need to reiterate the reasonable test

 

 

As stated initially I always thought you'd struggle with this one but keep going back to them and offer a bit more.

 

TODDLE2U ;

are you still active on this forum and can you assist me with a pernsoal guarantee which has now been called upon from Travis Perkins.

 

 

A lot of what's been said is similar to my situation.

 

 

Credit application forms were signed in 2014,

and like other we didn't know what we were signing for and a quick signature was given after form completed by office staff.

 

 

There is no mention to seek independent legal advice on the form,

should this be stated clearly?

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Dear all,

 

I am new to CAG.

I came across this site through a Google search "Travis Perkins Personal Guarantee" and have been reading some very useful information, however I fear as these posts were many years ago help may not be possible.

 

Travis Perkins is now calling upon a signed personal guarantee which was signed in 2014.

Both I and my partner did not understand what we were signing for

(as others confessed secretary completed the form and we signed as normal,

thinking our Ltd status would cover us in default).

We went into liquidation last year and the current state of affairs is as follows;

 

Debt being chased jointly and severely is circa £23,500;

we are past the 28 day writ period to reply to court to defend or time to pay.

We wait to see if they are taking a decree.

 

 

My partner has made no attempt to co-operate as he rents a house and I have made several final settlement offers through my lawyer whom they have rejected, I cannot afford to offer anymore.

 

 

The offers were based on a loan from family as I also am currently unemployed.

 

I wish I had come across this site sooner

as I believe I could defend this as others have done.

 

 

I am not sure if the time to defend has now passed as we didn't reply to court after the writ?

 

 

Any thoughts on this?

My lawyer doesn’t think I have a defence hence not replying to court.

Do I need another lawyer?

 

I am being single targeted here and need help putting something to Travis Perkins that would be accepted prior to any bankruptcy proceedings.

 

Form Reads as follows;

 

HEADER: CREDIT ACCOUNT APPLICATION

 

SUB SECTION WITHIN FORM:

PERSONAL CREDIT GUARANTEE to be completed by director(s) of a limited company/members of LLP

 

In consideration of your agreement to supply goods on credit to the Company described above applying for credit herein ('the company')

I/We the undersigned being Director(s)/member(s) of the Company/LLP hereby unconditionally and personal, jointly and severely guarantee payment of all monies due and owing by the Company to Travis Perkins Trading Company Limited, its subsidiaries and successors, including all monies due and owing by reason of any increase in the credit limit granted by Travis Perkins Trading Company Limited from time to time following review of the company's credit account and note the additional terms below,

 

For any personal credit guarantee

(1) any credit limit on a credit account being the initial credit limit, which would be subject to increase; and

(2) if the credit amount is increased, it will be covered by the personal guarantee and notice of increase to the customer is deemed to be notice to the Personal Guarantor and if the customer uses the increased credit limit, then this is deemed consent be the Personal Guarantor to the increase in credit limit.

 

In my defence

I signed the form in the capacity of the co director and not personally.

Also the credit limit could have been increased by my co director or secretary or even Travis Perkins themselves.

I therefore am being personally held liable for this.

 

 

I asked Travis to send me written proof of the increased credit limit being requested by us and they have 1 e mail which I agreed to have it increased to £10k but nothing further on this.

 

 

I stated to them that surely if you are increasing the limits I should have received a letter personal addressed to me to state this and sent to my home address, they replied with a copy of the letters they sent to my work address for the attention of directors and the company name. These were not seen by me.

 

Can someone help with what my move should be?

 

 

Toddle2u are you still active on this site?

Any help please, very much appreciated

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Thread moved to General Legal Issues...please continue to post here to your thread Golf123.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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do I understand you are in Scotland and this is a decree they already have?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what have you received from the court [the form please] summary claim?

who is the pursuer

and whats the return and hearing dates.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The court paper work is the initial writ pursued by Travis Perkins, the return date has passed to defend or ask for "time to pay order"

 

DX100uk can you let me know what angle you are possibly thinking?

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well you say theres no decree

i'm try rto find out what cause [writ] you have received.

 

 

need dates

and what you did or did not doo

 

 

so get telling us.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry my law understanding isn't great.

 

 

The "writ" as I am calling it is Form 5 "citation where time to pay direction or time order may be applied" accompanied with form 03 "time to pay" and form 07 "intention to defend".

 

Reply date was end of January and i did not reply at all, as advised by my lawyer.

 

 

He said I had no defence, nor did I want a time to pay.

 

 

I had offered all I could in final settlement therefor the next move has to be made by travis Perkins in his opinion as they have rejected all my offers and frustratingly not came back with any counter offer.

 

 

They have simply rejected the offers.

 

Can you help me?

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sorry your sols wants shooting

 

have you been served with a copy of the agreement and the signed PG?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325859-Personal-Guarantee-Validity&p=3608380#post3608380

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Hi, Yes I was served copies of these at the Start of January with the court citation and given 21 days to respond.

 

I see from Toddle2U 's help on other threads stating "acting as a consumer" as the director of a company and not an individual to which Travis Perkins dismissed this by saying it was a business to business agreement. The court citation paper work Form 03 states your the time to pay is allowed under the consumer credit act 1974.

 

Does anyone recommend a good lawyer I could contact to act on my behalf and get closure to this please?

 

DX100UK, should I defend this and refuse to pay anything or stick with my current offer?

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no we don't nor can recommend anyone

 

however

have you not contacted Govan Law Centre?

 

it cant be B2B IF its regulated by the CCA

so they are spinning you a yarn there.?

 

and that IMHO is your defence and you should get something in about it.

 

you IMHO are sadly being had.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

can you scan up the agreement and the PG please

 

 

to ONE multipage PDF

follow the upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

How much was the initial credit limit that you agreed to Golf ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Did you agree to further credit limit increases ? If not then your Liability is for only 5K.

 

In your upload...the terms & conditions refer to hiring equipment..they are not connected to your application.

 

There should be a further section on the back of the contract which is a 'status enquiry: continuing specific authority' which should to be forwarded to your bank.

 

This is an instruction to the bank to provide Travis Perkins with a reference on request.

 

In the part which asked the bank for 'your trustworthiness of business to the extent of £..........

 

If you personally only put in the amount of £5k and its not been updated or agreed by your bank or yourself then your liability is still £5K

 

 

Screwfix Direct operate a very similar application/PG/ system...and its been found to be legally invalid many times and we have had success in defending their claims in the past.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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http://www.consumeractiongroup.co.uk/forum/showthread.php?319881-Personal-Guarantee-Problem&p=4033712#post4033712

 

sorry been busy

 

more to follow.

 

I've done a lot of work on the forum to highlight relevant threads now.

and they now have travis perkins in the title so are searchable.

 

andy has pointed to the bottom line

 

there is also much reliance upon when you signed the 'agreement' or PG...it's age

 

and who did it for you before you signed it.. like you have outlined

and what was explained to you by TP before you signed it...

 

IMHO I would offer a short settlement.

 

£5k appears to be your actual liability, start at £1k

 

MOST claims here that were defended by the OP got a settlement of less than 20% without prejudice.

 

its telling that the best authority was TODDLE2U ;

whom you tagged at the start if this thread.

 

they actually have no thread

I'm gonna rectify that over the next few days.

 

i'm sure andy will echo...

 

it might pay you to ring them DIRECTLY and offer a sum to settle it [£1500??]

just musing....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

What happened with your case please? I am having the same thing happen to me now and its awful! I had no idea what I'd signed.

Edited by Andyorch
edited
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What happened with your case please? I am having the same thing happen to me now and its awful! I had no idea what I'd signed

 

Why would you sign anything that you “had no idea what I’d signed” / no idea what you were signing?

Edited by Andyorch
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