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Good day everyone! awesome forums, thank you for allowing me to post 
So cabot financial/mortimer clarke have been chasing me for an unpaid business overdraft (amount approx 15k, first started 2010, increased in Jan 2015 with guarantor signed Jan 2015); business dissolved early 2018
i have never acknowledged the debt or made payments specifically for the debt although there were still direct debits going in and out and general account activity including payments from my personal account to this business account up until July 2018
1. Can a personal guarantee expire? Its been 7 years since form was signed
2. if business dissolved can they still chase the personal guarantor so long after?
3. what exactly is considered a "payment into the account or towards the debt?" small transfers from personal account to business overdraft account - does this count?
4. they made a claim Sept 2020 which i defended (claiming mistaken identity as debt in business name) and no action since; i have now received a massive file of letters from mortimer clarke which say on the top "application notice" - what does this mean and do I need to respond?
I am likely going to send them a letter directly along the lines of:
"I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:
5. do you think this is a good way to go?
any advice will be much appreciated
So cabot financial/mortimer clarke have been chasing me for an unpaid business overdraft (amount approx 15k, first started 2010, increased in Jan 2015 with guarantor signed Jan 2015); business dissolved early 2018
i have never acknowledged the debt or made payments specifically for the debt although there were still direct debits going in and out and general account activity including payments from my personal account to this business account up until July 2018
1. Can a personal guarantee expire? Its been 7 years since form was signed
2. if business dissolved can they still chase the personal guarantor so long after?
3. what exactly is considered a "payment into the account or towards the debt?" small transfers from personal account to business overdraft account - does this count?
4. they made a claim Sept 2020 which i defended (claiming mistaken identity as debt in business name) and no action since; i have now received a massive file of letters from mortimer clarke which say on the top "application notice" - what does this mean and do I need to respond?
I am likely going to send them a letter directly along the lines of:
"I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:
- The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago.
- No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years.
- No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.
5. do you think this is a good way to go?
any advice will be much appreciated
