Tweet
Good afternoon all, having signed personal guarantees in 2009 for £10,000 and then 2010 for £17,500. The company that I was a director of ceased trading in 2011 and was struck off the companies register in 2012. I have found myself receiving a statutory demand for a debt that was purchased by Intrum UK Ltd in 2020. Initially the solicitors acting on their behalf issued a statutory demand which was issued in July 2021 following a letter from them in June 2021. I had the statutory demand set aside, the debt wasn’t communicated by the solicitor that it was owned by Intrum it was stated that the debt was owned by RBS which was of course incorrect. The other grounds in my witness statement to set the statutory demand aside were that the debt was incorrectly assigned and also that it had been assigned prior to the statutory demand. To this date, I haven’t had a letter from the RBS advising that the debt has been reassigned, nor have I had a letter from Intrum, UK, advising that they are the assignee. In June 2023, I received a further letter from Intrum UK solicitor now advising that they believe the personal guarantee is a deed and that it is under a 12 year limitation period as opposed to 6. My questions are at this point, I do not believe that their purported original formal demand date was in April 2012, therefore giving them a limitation period until April 2024, the company ceased trading well before this date, and the bank would no doubt have called in PG is as soon as activity and accounts were closed. my other concerns are that the debt hasn’t been correctly assigned as I have already been communicated to by a third-party debt collection company and there suggested amount is considerably less than what I am currently being pursued for.
There are lots of defence as I can see here such, surely the fact that they have sat on this for a further two years from trying to issue a starter to demand and then to try and initiate pre-legal proceedings is an abuse of process, surely that is prejudicial to myself, and also their selves in their attention or collaboration of information. Should I be submitting a subject access request to Rbs to find out exactly what is what, should I be also speaking with the FCA regarding the two companies that are now in touch with me? A little bit of guidance would be helpful, I am also dealing with an expert in this industry or area and of course I will feedback as and when I have further information from them . Thanks for any guidance.
There are lots of defence as I can see here such, surely the fact that they have sat on this for a further two years from trying to issue a starter to demand and then to try and initiate pre-legal proceedings is an abuse of process, surely that is prejudicial to myself, and also their selves in their attention or collaboration of information. Should I be submitting a subject access request to Rbs to find out exactly what is what, should I be also speaking with the FCA regarding the two companies that are now in touch with me? A little bit of guidance would be helpful, I am also dealing with an expert in this industry or area and of course I will feedback as and when I have further information from them . Thanks for any guidance.
