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SHOOSMITHS - RBS vs Me Personal Guarantee for a Business 2009 £21k
Good Evening
Shoosmiths have become fairly aggressive in their approach now to try and gain a CCJ against myself for outstanding debts against an old business.
The business is no longer incorporated and has ceased trading.
In 2009 myself and business partner / partner signed a Personal Guarantee for a Business Loan with RBS for £20k.
This was signed in Scotland but the contract is under English Law.
RBS have tried to enforce this Personal Guarantee in Scotland through their Scottish Solicitors, Anderson Fyfe in and around late 2011.However, due to loosing the original signed agreement they could not enforce, despite RBS presenting and still having what looks like a badly photocopied version of the Personal Guarantee.
All went quiet until Shoosmiths were sanctioned the debt in June 2016.
Since mid 2017, they have had a specific Defence Handler assigned.
From the point Shoosmiths have taken over, I have asked Shoosmiths on numerous occasion to produce all documentation pertaining to the original loan, including the missing loan agreement.
They have failed to do so. They have issued the odd annual statement, copy of the Personal Guarantee and have looked for payments or threatened CCJs.
Further to this I have tried to argue the point the loan is now statute barred for Scotland. Shoosmiths informed me that English Laws still apply to the Personal Guarantee even although they now want to process me through Scottish courts under Scottish Laws for a CCJ!!!
I have not argued yet that RBS had 6 years to pursue the debt due from the company which my business partner and I guaranteed, so the limitation period has since expired under English Law. Therefore my guarantees were for the debt the company would have had and this should be governed by the contractual limitation period, as it would place an undue onus on me as guarantor!!
Moreover, all my requests to have access or view the Original Signed Document are being side stepped or obstructed. Tonight I have constructed a Request under s.78 Consumer Credit Act 1974 for the documentation, as I have until Monday at 4pm to inform the Defence Handler how I would prefer my papers to be sent for the CCJ - via email or post and in Scotland to keep costs down or England to add fees.
Any support or help would be appreciated at this stage or useful forms that you could suggest that I use in my defence. I have tried carrying the torch solo, but feel I am moving into unfamiliar territory.
Thanks in advance.
Platinum.
Shoosmiths have become fairly aggressive in their approach now to try and gain a CCJ against myself for outstanding debts against an old business.
The business is no longer incorporated and has ceased trading.
In 2009 myself and business partner / partner signed a Personal Guarantee for a Business Loan with RBS for £20k.
This was signed in Scotland but the contract is under English Law.
RBS have tried to enforce this Personal Guarantee in Scotland through their Scottish Solicitors, Anderson Fyfe in and around late 2011.However, due to loosing the original signed agreement they could not enforce, despite RBS presenting and still having what looks like a badly photocopied version of the Personal Guarantee.
All went quiet until Shoosmiths were sanctioned the debt in June 2016.
Since mid 2017, they have had a specific Defence Handler assigned.
From the point Shoosmiths have taken over, I have asked Shoosmiths on numerous occasion to produce all documentation pertaining to the original loan, including the missing loan agreement.
They have failed to do so. They have issued the odd annual statement, copy of the Personal Guarantee and have looked for payments or threatened CCJs.
Further to this I have tried to argue the point the loan is now statute barred for Scotland. Shoosmiths informed me that English Laws still apply to the Personal Guarantee even although they now want to process me through Scottish courts under Scottish Laws for a CCJ!!!
I have not argued yet that RBS had 6 years to pursue the debt due from the company which my business partner and I guaranteed, so the limitation period has since expired under English Law. Therefore my guarantees were for the debt the company would have had and this should be governed by the contractual limitation period, as it would place an undue onus on me as guarantor!!
Moreover, all my requests to have access or view the Original Signed Document are being side stepped or obstructed. Tonight I have constructed a Request under s.78 Consumer Credit Act 1974 for the documentation, as I have until Monday at 4pm to inform the Defence Handler how I would prefer my papers to be sent for the CCJ - via email or post and in Scotland to keep costs down or England to add fees.
Any support or help would be appreciated at this stage or useful forms that you could suggest that I use in my defence. I have tried carrying the torch solo, but feel I am moving into unfamiliar territory.
Thanks in advance.
Platinum.
