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Cabot Financial Via Mortimer Clarke Solicitors
Situation
chasing me for debt - this was an old hsbc business overdraft, company long since dissolved, the account was terminated end of 2017
overdraft facility was started in 2010, amount outstanding is 14k
I think cabot had bought debt off HSBC for 1 to 2k a few years back
I have ignored all letters apart from court claim last year which I had defended
Now case to be heard in court mid-March 2022
In recent paperwork they sent to me it shows a signed personal guarantee (date 19th Jan 2015) - it was so long ago that I cannot confirm if this is genuine but assume so (they had never sent me this before, unsure if they were not aware of this document OR if they intentionally withheld until latter stages maybe as they were nervous about date, etc)
Questions
Could I still be personally liable for the business overdraft debt? They claim I had signed a personal guarantee
As its over 6 years is the guarantee date still valid?
What are potential outcomes here?
Any other ways I may be able to defend this?
Should I try for settlement?
If I am struggling financially what is the outcome if the judge decides I do owe all of this - if I do a payment plan will it affect my credit? is that an automatic CCJ?
Can I "delay" the case in the meantime
Many thanks for any advice you can give - have read through similar threads and still I am very confused!
Situation
chasing me for debt - this was an old hsbc business overdraft, company long since dissolved, the account was terminated end of 2017
overdraft facility was started in 2010, amount outstanding is 14k
I think cabot had bought debt off HSBC for 1 to 2k a few years back
I have ignored all letters apart from court claim last year which I had defended
Now case to be heard in court mid-March 2022
In recent paperwork they sent to me it shows a signed personal guarantee (date 19th Jan 2015) - it was so long ago that I cannot confirm if this is genuine but assume so (they had never sent me this before, unsure if they were not aware of this document OR if they intentionally withheld until latter stages maybe as they were nervous about date, etc)
Questions
Could I still be personally liable for the business overdraft debt? They claim I had signed a personal guarantee
As its over 6 years is the guarantee date still valid?
What are potential outcomes here?
Any other ways I may be able to defend this?
Should I try for settlement?
If I am struggling financially what is the outcome if the judge decides I do owe all of this - if I do a payment plan will it affect my credit? is that an automatic CCJ?
Can I "delay" the case in the meantime
Many thanks for any advice you can give - have read through similar threads and still I am very confused!
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