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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Travis Perkins £35k Personal Guarantee being demanded (left company 2 years prior)

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Unfortunately in a bad situation which brings me to the website. I've had a look around at a few threads in relation to Personal Guarantees from Travis Perkins and other trade companies. Long story short:


  • I sold my shares in a business a couple of years ago
  • Still showed as active on Companies House until more recently (Directors never removed me and I didn't notice)
  • Wasn't aware of the personal guarantee at all (signed back in 2017) and it was for an agreed £10k, the debt is now £35k and the guarantee is the same as my example below (unlimited, joint & severable)
  • Company has informed creditors recently that it's trading insolvent and cannot pay.
  • Travis have sent a letter demanding payment (joint and severable) across 3 Directors (none of which are current)
  • It wasn't secured on anything
  • I have other companies (do they count as assets?) 


I'm wondering what to do... I've put in an offer relative to the value of shares I had which equates to 10% of the debt. This has been rejected and demand for full payment remains.


I've read this thread: https://www.consumeractiongroup.co.uk/topic/400364-personal-guarantee-quottravis-perkinsquot-now-being-called-upon/


But there was never a confirmed outcome and it went cold. One of the Directors under the guarantee has a Debt Relief Order which was after the original document was signed (I believe this is what it's called). Does this impact his liability?


I was never aware that the limit had been increased several times over the period and continued to rise after I'd left the business. I've found some case law below and it doesn't look great (although both cases on this example seem very similar?),  by the sounds of it:




I'm unsure how to play it... I don't have the money to pay it (nor morally should I be). I have a mortgage but it's in joint names with a family member. 


Please help, the stress is making me ill.

Edited by CaptainOats

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Hi and Welcome to CAG


So who has sent this demand ..Travis direct or a Solicitor..or a DCA ?



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Hi Andy,


Thank you and thanks for the reply!

This has been sent from Travis directly at the moment.


It's a letter demanding payment within 7 days or they'll send a statutory demand.

That 7 days elapsed the day the letter was received (checked with the other directors and we all received it the same time on the expiry notice date!).


Since then we've all been in contact and have requested further information on the credit limits, copy of the agreement etc.

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So there not bothering with legal representation or Pre Action Protocol..just issuing a demand and threats.I would stick together the three of you and converse and wait until something further arrives that substantiates the appropriate protocol to be followed and Legal.....come back if and when.



We could do with some help from you.



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If it makes any difference, it's their 'Group Corporate Recoveries'. Worth doing a Subject Access Request early on so if things start moving quickly I have a full picture?


Going by a deep dive on Google Travis are notorious for bankrupting people via personal guarantees. Out of curiosity, would I have any grounds based on the below? I fished this from an old thread on the site on 2011:




Section 4 of the Statute of Frauds 1677, in force this day and applicable to Guarantee Agreements, the instrument to which the claimant asserts peebeeh is bound by and seeks to enforce the same, must be evidenced in writing.


S4 of the 1677 Act;


"No action shall be brought…whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person…unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorised."


Should the claimant in this case substantiate his claim with the producing of the alleged Guarantee Agreement, then the matter for the court to decide upon becomes a question of whether such contract was signed by the defendant (peebeeh) in the capacity of Director of the Company or signed in his personal capacity, if it is found that peebeeh signed any such contract as ‘John Smith’ the Director then the claimant cannot succeed to enforce the same against peebeeh as ‘John Smith’ the natural person since ‘John Smith’ the natural person did not act as guarantor for the said Company.



This is what the agreement says (copied from another thread):







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.



Thank you!

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what is most pertinent is your relationship with the company that owes the money.


TP have sued people before who are no longer employed by the defaulting co and as they can't prove a relationship was extant at the relevant time the individual didnt owe the money.


Now that wouldnt apply to a director.


A big question that will be difficult to get an answer for is why did TP extend the credit limit without doing due diligence or were you all directors at the time and have only left after that time?

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Hi Capt O,


1. Are you on speaking terms with the co Directors of the relevant Ltd Co, to compare notes and discuss tactics.


2. You say you weren't aware of the Personal Guarantee signed in 2017 for just £10K at the time -  have you now been made aware of a signed guarantee. The T&C's of any such Guarantee will be crucial to your liability.


3. You refer to "3 Directors, none of which are current". Were any of them still actively involved in day to day trading activity of the Ltd Co immediately before the current insolvency issue.


Looking at the 2nd link in your post #1 above (Keystone Law),  Points 1 to 4  of Item #2 will be important so you may want to 

tell us more on these points.

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Sorry for the slow reply!


I am on ‘thin‘ speaking terms with the remaining current director and on good terms with the other 2 ex directors.

One of them sold his shares in the business a few months before the business was down as trading insolvent. 

The limits I believe were increased at the end of 2017 and then again at some point in 2018 - we are struggling to find out at the moment.


The limit went up to over 5x the original amount, despite multiple occasions where the account had been put on stop or gone overdue in the past.



1. Yes - although we separately put initial offers in (not admitting liability) for full and final settlement, both were rejected. We are now on a united front as best we can be.


2. I’ve requested it again, I’ve seen a digital that was sent to the other director (so they do have it) but have requested this personally a couple of times now to no avail. 

3. Yes - 3 months prior to insolvency the other director sold his shares in the company. 


Looking back at the links on points 1-4 and will edit my response in a minute!

Thanks for your help so far, appreciated.


Looking back at the links on points 1-4 - I don't really know what else to add as the terms of the guarantee are the ones I pasted in my reply #3 - as far as I'm aware there's not any more than that in the guarantee 

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