A Bank - Personal Guarantee claim £300k

[Amethyst]

Re: A Bank - Personal Guarantee claim £300k

Can someone else please look at the PArticulars of Claim specifically because I am unsure if they are trying to use the personal guarantee to claim on the loan or if that is really a separate issue.


Okay so you have had directions questionnaire for multitrack ? When does that need to be returned by ?

We'll need to do an additional defence and witness statement and skeleton arguments. Do you have a solicitor engaged at all ?

I don't know your financial position, you mentioned they liquidated your business but no more information on that.

[hush puppy]

Re: A Bank - Personal Guarantee claim £300k

The return date id 28th March. The bit i can't get my head around the personal guarantee was signed by me at my home then taken away by the business manager and was filled in most probably at the bank premises. Regarding the new loan i applied for a mortgage and was told my earning were not sufficient enough but the company could qualify for a business development loan i have never signed anything for this loan in 2008 we had a client who didn't pay and we went to court and lost the case it was lost under a new law a unenforceable contract law once the bank realised they had no security they withdrew the company credit card and when this didn't get the response they wanted they closed the company bank accounts so we have never defaulted on this loan and i hope the personal guarantee will be cancelled because of this action and the way there customer was treated or bullied in this case :wub:

[Amethyst]

Re: A Bank - Personal Guarantee claim £300k

The bank need to have a contract/agreement etc something that has the terms of the lending of 250k on. They may be able to evidence giving you the money, but they also need to evidence on what basis, what terms etc. Otherwise who is to say it wasn't a gift, or interest free loan etc.

How did you receive the 250k and have you sent a SAR to the bank ever?

We can do a part 18 request for further information to ask for copies of those documents if they are not included in the bundle.

[hush puppy]

Re: A Bank - Personal Guarantee claim £300k

What is a SAR and i have no contract agreement for the loan i think they thought they already had security as i don't even have a loan offer and i have a lot of paperwork relating to the dealing with this bank as we banked with them for 20 years and probably only missed the odd payment in 6 or more loans over the years i thought we had a good working relationship but obviously not

[Amethyst]

Re: A Bank - Personal Guarantee claim £300k

Subject Access Request under the data protection act. Its a way of getting all personal data held about you by a company. It does give them 40 days and costs a tenner but I think worth doing in this case. To get the agreement on the loan, we can ask under Part 18 of the civil procedure rules. will sort some letters for you this afternoon.

Have you had any legal advice on this at all?

You need to keep the anger/frustration etc out of it now and deal with the claim against you.

[Streetwise]

Re: A Bank - Personal Guarantee claim £300k

What is a SAR and i have no contract agreement for the loan i think they thought they already had security as i don't even have a loan offer and i have a lot of paperwork relating to the dealing with this bank as we banked with them for 20 years and probably only missed the odd payment in 6 or more loans over the years i thought we had a good working relationship but obviously not

Return date 28th of March,and i doubt they would supply the S.A.R in the 40 days,this should have been done ages ago.

[Amethyst]

Re: A Bank - Personal Guarantee claim £300k

Indeed, might help further down the line tho. I don't really get how directions questionnaire is here already when the claim was only issued on 11th so trying to suss out where we are. Where did you get the 28th date from?

[Streetwise]

Re: A Bank - Personal Guarantee claim £300k

The return date id 28th March. The bit i can't get my head around the personal guarantee was signed by me at my home then taken away by the business manager and was filled in most probably at the bank premises. Regarding the new loan i applied for a mortgage and was told my earning were not sufficient enough but the company could qualify for a business development loan i have never signed anything for this loan in 2008 we had a client who didn't pay and we went to court and lost the case it was lost under a new law a unenforceable contract law once the bank realised they had no security they withdrew the company credit card and when this didn't get the response they wanted they closed the company bank accounts so we have never defaulted on this loan and i hope the personal guarantee will be cancelled because of this action and the way there customer was treated or bullied in this case :wub:

From this post.

[Amethyst]

Re: A Bank - Personal Guarantee claim £300k

:doggieyes: bahhh it's the weekend. Thank U xx

[hush puppy]

Re: A Bank - Personal Guarantee claim £300k

I have just read the papers and i can get a stay for one month should i apply for this and ask them for a SAR that should give me enough time for them to reply would that be okay any one if some one could pm me a SAR it would be appreciated

[Streetwise]

Re: A Bank - Personal Guarantee claim £300k

I have just read the papers and i can get a stay for one month should i apply for this and ask them for a SAR that should give me enough time for them to reply would that be okay any one if some one could pm me a SAR it would be appreciated

Subject access request in Library on site.

[hush puppy]

Re: A Bank - Personal Guarantee claim £300k

How do i request it from the library

[Streetwise]

Re: A Bank - Personal Guarantee claim £300k

How do i request it from the library

Its on the front page but doesn't seem to be opening,there are quite a lot of S.A.R. requests templates on the site go to some of Flaming parrots threads she posts them up for guidance.

[Tools]

Re: A Bank

Here you go, amend as required to suit your needs.

http://www.legalbeagles.info/forums/...ur-information

[hush puppy]

Re: A Bank - Personal Guarantee claim £300k

Thank you very much for that link