Hello (waving) - unsigned company loan/guarantor agreement

[LibbyLouLou]

I have an issue around a now dissolved limited company and the bank asking for payment of a company overdraft under a personal guarantee. I’d really appreciate any legal advice. I’ve repeatedly asked for a copy of the signed agreement (as I don’t have one) but they just keep sending a blank one saying “it was signed electronically”. The agreement they send has no Docusign Security information, i.e. Certificate of completion, Record Tracking, Signer Events, Dates Stamps, Record of IP address or any Authentication Details.

[efpom]

Should the matter go to court, it will fall to the bank to prove that the Guarantor Agreement is valid. The Agreement will not have been generated in a vacuum, so there is likely a matrix of documents surrounding the Agreement. The fact of the absence of your handwritten signature on the Agreement, is not, of of itself, conclusive proof that you did not enter into the Agreement.