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bank made material alteration to a personal guarantee after execution(natwest claim)

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  • bank made material alteration to a personal guarantee after execution(natwest claim)

    • bank made material alteration to a personal guarantee deed after execution

      Today, 13:29:PM
      on my copy of original personal guarantee deed signed by me in relation to limited guarantee ,company director , shows/states as follows:-

      Guarantor; joe john blogs of 1 blog lane, blog village, blog town ,correct postcode (upper case letters and numbers)

      Customer; joe john blogs Registered Number 123456789 (my personal name with company number)

      Bank National Westminster Bank Plc


      how ever on the guarantee to be relied on in court it shows/states as follows ;-

      Guarantor; joe john blogs of 1 blog lane, blog village, blog town , correct postcode (but made up of upper and lowercase numbers and letters)

      Customer; my company limited Registered Number 123456789 correct company name and number

      Bank : National Westminster Bank Plc




      it appears to me that first page of guarantee has either been substituted by bank creating a material alteration with out consent of my self or the limited company?
      Tags: None
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    • unluckyjim
      UNLUCKYJIM
      Junior Member
      • Joined: Sep 2016
      • Posts: 11

      #2
      Today, 21:09:PM
      how do i defend this in court?

      must put defencein via mcol by monday18 june 2018
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    • unluckyjim
      UNLUCKYJIM
      Junior Member
      • Joined: Sep 2016
      • Posts: 11

      #3
      Today, 21:10:PM
      bank made material alteration to a personal guarantee deed after execution

      Today, 13:29:PM
      on my copy of original personal guarantee deed signed by me in relation to limited guarantee ,company director , shows/states as follows:-

      Guarantor; joe john blogs of 1 blog lane, blog village, blog town ,correct postcode (upper case letters and numbers)

      Customer; joe john blogs Registered Number 123456789 (my personal name with company number)

      Bank National Westminster Bank Plc


      how ever on the guarantee to be relied on in court it shows/states as follows ;-

      Guarantor; joe john blogs of 1 blog lane, blog village, blog town , correct postcode (but made up of upper and lowercase numbers and letters)

      Customer; my company limited Registered Number 123456789 correct company name and number

      Bank : National Westminster Bank Plc




      it appears to me that first page of guarantee has either been substituted by bank creating a material alteration with out consent of my self or the limited company?
      • Thank Post0
      • Edit
      • Reply with Quote

    • unluckyjim
      UNLUCKYJIM
      Junior Member
      • Joined: Sep 2016
      • Posts: 11

      #4
      Today, 21:14:PM
      HI GUYS, whos hot on personal guarantees ? help neededed many thanks
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    • unluckyjim
      UNLUCKYJIM
      Junior Member
      • Joined: Sep 2016
      • Posts: 11

      #5
      Today, 23:26:PM
      just noticed the named customer on waiver of legal advice does not match with named customer on personal guarantee ??????/
    Tags: None

  • #2
    Hi
    Not an expert on this by any means, but this is weekend and lots of regulars will be busy with family matters.

    I also think peeps will need more explanation about the background as your post is rather unclear

    Comment


    • #3
      UPDATE .... ok, hear goes
      I PUT IN MY DEFENCE LAST JUNE 2018, and it got stayed because they did not reply/ send requested documents in time.

      any way to cut a long story short they have filed N244 APPLICATION TO lift stay , also had a notice of transfer of proceedings (change fromCCBC to my local court...
      also supplied copy witness statement....

      what do i do next........?

      Comment


      • #4
        i put in a ratther complicted original defence "do i need to put on this open forum ?

        Comment


        • #5
          Hi again
          i picked this up as I got an alert.
          I think it might be possible to oppose the lift of the stay, but it will depend on the circumstances.
          I'm tagging those who will know more.. but it is Sunday evening and you might have to wait till tomorrow
          Amethyst R0b pt2537

          Comment


          • #6
            HI I AM GETTING A BIT WORRIED NOW,
            THEY APPLIED TO LIFT STAY (date on N244 16/1/19) date on transfer of proceedings 22/1/19, CLAIM IS FOR CIRCA 13K

            I think i need to give all documents to some one to look at , MIGHT BE A BIG CASE OF DOCUMENT MANIPULATION BY BANK ,copy of documents in their witness statement are a bit dodgy

            many thanks

            Comment


            • #7
              I have dealt with PG cases before, they do turn on their own facts so there is no one size fits all approach.

              I would really need to see the documents that are being relied upon and the correspondence before i could give any real views on the case
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                i welcome your reply, and would be happy to meet up for you to view docs,...
                i am based in south wales does this present a problem regards meet, , should i email you and go from there

                Comment


                • #9
                  Originally posted by unluckyjim View Post
                  i welcome your reply, and would be happy to meet up for you to view docs,...
                  i am based in south wales does this present a problem regards meet, , should i email you and go from there
                  Hi there,

                  Probably best to email over the papers, i can see what we are dealing with and go from there.

                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #10
                    many thanks

                    Comment


                    • #11
                      LATEST NEWS/ UPDATE.... story so far.......

                      OK , submitted my witness statement, in reply to their witness statement.. basically my witness statement versus their witness statement & their dodgy documents included in their witness statement.,..

                      ANY how went to court, claimant solicitor requested adjournment on grounds that they had no time to prepare for court and need to reply /update their witness statement and respond .... AND WANTED ME TO SUBMIT MORE DOCUMENTS (if i wished to)

                      DISTRICT JUDGE, WAS NOT AMUSED, ( Judge expressed his view strongly, even brought up validity issue with GUARANTEE & THEIR DOCUMENTS )

                      JUDGE ... both parties to consider ADR settlement by the time it goes back to court " end of MAY"

                      IT IS ORDERED THAT..

                      THE DEFENDANT is to file and serve a further witness statement, which he wishes to rely on or before end of MARCH

                      THE CLAIMANT is to file and serve witness statement in response and is furtherance of their application for summary judgement, complete with supporting documentary evidence, by court date end of MAY

                      Comment


                      • #12
                        STUPID QUESTION.......... SETTLEMENT ISSUES,.

                        if i choose to settle via ADR, what would be considered reasonable amount to settle, is there defined method as such, or do both parties throw figures at one another and just see what happens.

                        Comment


                        • #13
                          my thoughts are to send a WITHOUT PREJUDICE letter ,... some thing like....

                          without prejudice.save as to costs full and final settlement offer



                          “Terms of the Offer...

                          I ........................ am willing to settle the entire proceedings by paying the Claimant within 14 days of accepting this offer, the sum of £ xxxx (the “ Settlement Sum ”), by means of an electronic transfer into claimants nominated bank account, in full and final settlement of the Claim plus the sum of £xxxx in relation to his legal costs such settlement to be recorded in a suitably worded agreement.


                          This offer is open for acceptance until .................. after which it will be automatically withdrawn without further notice to you.”

                          .................................................. .................................................. .................................................. ...............................................
                          SO far you guys have been FANTASTIC , i would welcome advice on this bit though, , many thanks


                          Comment


                          • #14
                            I would advise against sending that offer.

                            If you have been ordered to try an ADR route to settlement, you need to find some way to come to an agreement with the other party before the settlement agreement is drawn up.
                            Have you considered approaching RESOLVER: https://www.resolvergroup.com/produc...EaAp1FEALw_wcB

                            Once a settlement is reached it is formalised and documented

                            tagging Amethyst pt2537

                            Comment


                            • #15
                              hi guys, just had a letter from court, says......

                              JUDGE requires further information..
                              orders claimant and defendant to provide information;-

                              Do the claimant and defendant agree the hearing of date xxxxxx should be adjourned generally with liberty to restore,or adjourned for say 56 days

                              I dont understand what it means ?
                              is judge asking me to say i agree to 56 adjournment ?
                              is judge asking me to say i agree to restore ? whatever that means?

                              can i just ignore this letter ,what happens if i do?
                              i really think this case should struck out/ discontinued..

                              I just dont now how to reply to this ? need some help please..

                              many thanks

                              Comment

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