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Screwfix personal guarantee issue

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Dear all,

I mistakenly filled in a credit application for Screwfix in 2013 for a trade account (for a company I used to work at).

This company has recently gone into administration and I have been sought after to settle the outstanding amount (nearly £1000)

- as apparently the credit application doubled up as a "personal guarantee".

 

Their credit app was not clear to me & it was blurred out and photocopied on a number of occasions. (yes I know I shouldn't have signed something I couldn't read) In addition I resigned and left the company in 2014.

 

How can two different legal entities sign a credit app (as director) but also as personal (for a guarantee - without it being made clear?

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Are you able to get a copy of the document which you originally signed? Send them an SAR immediately.

 

– And yes, it was pretty silly to sign anything without understanding the contents. Especially if you were a director of the company involved.


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Useful threads...same subject.

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=screwfix+personal+guarantee&sa=Search+CAG

 

Thread moved to General Legal Issues Forum.

 

Andy


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hopefully have attached their credit app off their website (

 

 

the signed application was scanned and emailed back and I have signed it - I would rather not show here if you don't mind. The application that was signed looks very similar but they have made their PG bit in bold now. (still very small writing however)

Trade_Acc_Application_23_09_10.pdf

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Dear all,

I mistakenly filled in a credit application for Screwfix in 2013 for a trade account (for a company I used to work at)........

 

"By signing this application form you accept that:

 

G: If the organisation in whose name the Trade UK Account will be held is (a) a company and you are a director of the

company, or (b) a partnership and you are a partner in that partnership, you will personally guarantee performance of all of that organisation’s current and future financial obligations to

Trade UK (including any subsequent increase(s) in the credit facility extended to that organisation)."

 

 

Were you a director?

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Yes I was, but resigned and left in 2014

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Yes, but the point of asking you to post it up was precisely to see how blurry and indistinguishable it was because that seems to be an important part of what you are telling us.


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ok fair point - I just wanted to remove some detail from the app form

 

I don't think it's clear enough to constitute notice of the PG part at all.

IMG_3146.JPG

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So, where are you in terms of engagement with the creditor company? Have you voiced your concerns about having not knowingly signed as a personal guarantor?

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I wanted to get some advice on it first

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I wanted to get some advice on it first

 

See post #3 above


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

 

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yes - aware that other posts, but hard to find how they ended?

Edited by Cargoman

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Click it again..or type Screwfix in the Advance Search option (under the Logout Button top right)


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

 

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This may be of help. The following thread was started here, but not finished. It was finished on a different forum, so I've posted the summary below for you.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?440822-Directors-guarantee-I-was-not-told-about

 

The bottom line for me is that they would need to prove that you entered into a valid agreement in support of their case, plus you were advised that it was a "Trade Account Application", with no references made to such an important clause within the agreement.

 

 

I went to court today and the judge said (not just to me, but to everyone) sometimes its better to try and solve things outside the court as sometimes it works in favour of both parties.

 

I thought about this and spoke with their solicitor and offered half the money in installments over 24 months.

He phoned them and they rejected it straight away saying the minimum they would take would be 75% to be paid within 1 month.

refused this and said I couldn`t afford it and said it would have to be over 2 years...

 

Again he got on the phone to them and they said they would go for 75% over one year...

I thought this was a bit much

informed him I would let the judge decide as I didn`t feel a personal guarantee existed, as I was not made aware of it, nor was the form legible enough to read if it actually existed..

 

When the judge dealt with the case as me I explained that I opened a credit account in screwfix unaware it had a personal guarantee had been included in the application forms.

 

I remember filling the form out at the time of opening the account and it was a photocopy of what seemed like an application form, it was mostly illegible.

The Judge agreed that it the section that included information about a personal guarantee was illegible, as was the copy she had received and the same with the copy their solicitor was try to use against me in court.

 

She asked was there an original copy and their solicitor produced and clear application with no details on it.

Judge agreed that it was clear and included a section about a personal guarantee but also said that it was a blank form and not the one I have filled in and signed.

 

She then asked their solicitor if he had a legible copy of the form I had filled in to which he replied they had not been able to locate it.

She then asked me if I had an original copy and I explained to her that it was the same as the copy she had received as it was a poorly photocopied application form I had filled out in the shop.

 

She then explained to their solicitor that she cannot hold me responsible for a personal guarantee that was not legible and said if they wished to proceed they would need to provide a legible copy with my signature, and that they had 4 weeks to get it otherwise it would be ruled in my favour.

 

As stated already I know from the time of filling in the original application form that no legible version exists (or at least im 99% sure, there is just a slight element of doubt in my mind) The form I filled in looked as if it had been photocopied a few thousand times... I just hope they don`t come back with something within the next four weeks.

Edited by dx100uk
spacing

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