Ascent Legal V StephenHarvey

[stephenharvey]

Hi Guys,

Claim received on 8th June 2017

Claim Acknowledged and letter gone on the 12th of June 2017.

I wonder if you can help.

We had a company and placed it into insolvency 18 month ago, all gone though no problem.

Around this time we were contacted by Royal Bank of Scotland claiming they had a personal guarantee on some of the debt. Over the next 15 months we have exchange letters with RBS, Baker Tilly and another debt collection agency. All claiming the sum of £10,000.00 has been guaranteed

(prior to the above)
In turn I have sent letters that have consisted of "I'm happy to settle any guaranteed debit providing they can provide proof of this". None have been able to provide any documentation of this or how or why the £10,000 has been accrued. We have event sent £10 to each party requesting all the documentation on file about our case. The cheque's have been cashed, but to documentation!

We have received a County Court Claim form for the £10,000 and £510 legal fee's.

If anybody can help me with any advise I would be most grateful

Kind Regards
Stephen

[warwick65]

Re: Ascent Legal V StephenHarvey

Hi

As the debt is for 10K - seems odd to me it is exactly 10K , it may well go fast track which means if you lose you pay their costs and if you win they pay yours.

You might want to have a look at LB compare , there are solicitors who may represent you on a Conditional Fee arrangement
http://lbcompare.co.uk/services/

Some lawyers will give you free initial advice so at least you have an idea

[stephenharvey]

Re: Ascent Legal V StephenHarvey

Hi

As the debt is for 10K - seems odd to me it is exactly 10K , it may well go fast track which means if you lose you pay their costs and if you win they pay yours.

You might want to have a look at LB compare , there are solicitors who may represent you on a Conditional Fee arrangement
http://lbcompare.co.uk/services/

Some lawyers will give you free initial advice so at least you have an idea

Again It all seems a bit odd, Please can you explain a little more about "fast track"? I'm in no position to pay a lawyer at this time, I think I've had a fair price of £480 to prepare the case then hourly billing thereafter.

From what I understand in the document, I'll pay the court fee's if I lose anyway?

Cheers
Stephen

[warwick65]

Re: Ascent Legal V StephenHarvey

Hi
Basically there are three track in the small claim court. Up to 10k for simply cases where costs are usually fixed and you dont usually pay the looking sides costs. Then fact track for more complicated cases and cases above 10k. Here the loser pass the winners costs. They can be a lot but you can get lawyers to take cases on no win no fee. They get their fees from the other side when they win. Some do charge a success fee i think. Say 10% of the claim or more.

Did you look on LB compare and shop around.

Far be it from me to say otherwise but hourly rated can be 250 per hour when vat is added so be careful.

[Amethyst]

Re: Ascent Legal V StephenHarvey

You need to send a Subject Access Request to RBS specifically requesting any documents relating to personal guarantees. They have to produce the documents to evidence the personal guarantee before they can enforce that guarantee in court - court won't just take their say so. Are they saying it is a directors guarantee ?

Do you have copies in your company accounts/records of the loan/overdraft agreements for the business ? Those need checking over.

Can you post a copy of the claim form particulars. You can respond to the claim with a part 18, and possibly a part 31.14 request for documents and further information - ie. the evidence they intend to rely on in court. so far from what you have said they are just saying they have a PG over £10k of the debt but haven't actually evidenced it at all ?

How much debt was left owing to RBS at the time of the insolvency ?

[stephenharvey]

Re: Ascent Legal V StephenHarvey

Hey,

Thanks for the reply.

Having checked all accounts and record we have no information on file, hence the many requests. I'm happy to pay the amount if the PG is in place.

I believe the PG to be for 5K on the overdraught only, but once RBS were told of our insolvency they allowed 2 x credit cards with no PG through for the full balance of both cards, plus a load of charges that have muddied the water so to speak. I genuinely have no idea of the total amount before insolvency (13K total at a guess)

So again I've asked for a breakdown of the balance of the above and any personal guarantee before I sent the 2 letters as advised on this forum.

The particulars of the claim (struggling to upload the form)

"By deed of guarantee, the defendant guaranteed payment to the claimant of all liabilities of the claimant's principal customer. The terms of the guarantee are that in the event of the principal debtor failing to make payment to repay any liability, that the defendant would make payment. The principal debtor has defaulted on payment of it liability to the claimant. The claimant issued a formal demand on 21/07/2007 to the defendant for the sum due under the guarantee. Notwithstanding the demand, the sum has not been repaid and interest under the guarantee has accrued. The sum of 10,000 is claimed under the guarantee. The claiment claims interest under s.69 of the County Court Act 1984 at a rate of 8% from 07/06/2017 until judgement or sooner payment. The claim does not include issues under the Human rights act 1998. The claimant has complied with sections III and IV of practice direction on reaction conduct of the civil procedure rules."

Thanks
Stephen