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Personal guarentee issue with supplier

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  • Personal guarentee issue with supplier

    I was looking for a piece of advice pls. We started a LTD window business 6 years ago, and we signed an agreement with the window supplier that both directors would personally guarantee the debts.
    1 director left the business in February last year 2023, handing the other share over. The debt at the time was £17000,00. The director that leftdid not sign any other form, or any contract to dismiss him from the debt at that time. The current debt, has not changed and is still £17000.00 My question is, are we still both liable for the debt, which has not changed, due to the fact we both personally guaranteed any debts at that time of signing the credit line agreement?....and will the supplier have no choice but to seek the current director, and the director that left for the debt?
    Any help would be appreciated.
    Matt
    Tags: None

  • #2
    The director who left should have arranged to be released from the guarantee. He is still bound by it.

    The creditor can take action against either guarantor or both, as it wishes.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      The director who left should have arranged to be released from the guarantee. He is still bound by it.

      The creditor can take action against either guarantor or both, as it wishes.
      Thank you for the reply really appreciate it, im a window fitter as a trade, and i dont know anybody in the legal world.... can I just ask, who is responsible to bring this to the suppliers attention please?.. Myself ?

      Comment


      • #4
        Where do you fit into this? Are you one of the 2 guarantors, and if so, which one?

        Normally the supplier will be able to work out that it has an unpaid debt, and to work out its options for trying to get paid.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Where do you fit into this? Are you one of the 2 guarantors, and if so, which one?

          Normally the supplier will be able to work out that it has an unpaid debt, and to work out its options for trying to get paid.
          Thanks for the reply
          I am the one who carried on running the business, while the other quit, and walked away. I just don't know from a 'legal' stand point, who's problem it is. Mine(Director) or Both. The business is closing down in a few weeks with this outstanding debt.
          Regards

          Comment


          • #6
            First of all, it is clearly your problem. It may be both.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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