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First of all Hello Everyone. I have just joined the forum. I a looking for some thoughts on an issue I have.
I signed a ‘Credit Account Application Form’ for supply of building materials to a company who I was a Director of. The company went into voluntary liquidation at the end of July and the supplier is saying they intend issuing a Sheriff Court Summons to me if I do not pay an outstanding debt f approx £7500.
They say I signed a personal guarantee form. I asked to see this and they sent me a copy of the ‘Credit Account Application Form’. It was a single page form which I faxed t them and I clearly understood I was entering into an agreement on behalf of the company. There is no mention of a personal guarantee.
The part I signed is Titled ‘Customer Declaration’. I assume Customer is the company and not myself personally. The exact text of this section is:
I/We the undersigned apply to ********* Ltd for Credit Facilities and declare that the information given above is accurate. I/We agree to trade on ***** Ltds terms and conditions of sale as are applicable at the time of the transaction and confirm that I/WE have read the sale terms contained in this form. I/We the undersigned being directors of the applicant co , jointly and severally guarantee payment of all financial obligations to ******* Ltd, including any arising from any increase in the credit limit granted in future. ******** Ltd reserves the right to terminate this agreement for credit forthwith without notice upon a breach by the customer of any Terms and Conditions and all monies then outstanding will become due forthwith.
This form must be signed by the Sole Trader, All Partners and if a Limited Company a duly Authorised Director.
Name…………………..Sign……………………..Position………………Date………
There was no ‘sales Terms’ contained in the form.
The letters issued by their solicitors are being sent to my old company address but to my personal name. I only got them as I popped in to collect some things. It is a multi tenant office and the reception knows my name and put them aside for me. So they are not sending these letters to my home address as they do not know it.
My question is how valid is their claim. I understood that any personal guarantee could not be included in a Credit Application and would need to be a separate form or at least a separate signature clearly stating it was a personal guarantee.
I am worried sick about this, I was not a shareholder in the company but merely a director/employee. So I have lost my Job and a large amount of salary. I am trying to get back on my feet and this is causing me even more stress.
I am based in Scotland and so was the supplier. The company base I worked for was in Scotland although the head office was Manchester.
The final letter from them stated that if I did not pay by 1st September then Court Proceedings would be issued.
Any help or advice would be most welcome.
I signed a ‘Credit Account Application Form’ for supply of building materials to a company who I was a Director of. The company went into voluntary liquidation at the end of July and the supplier is saying they intend issuing a Sheriff Court Summons to me if I do not pay an outstanding debt f approx £7500.
They say I signed a personal guarantee form. I asked to see this and they sent me a copy of the ‘Credit Account Application Form’. It was a single page form which I faxed t them and I clearly understood I was entering into an agreement on behalf of the company. There is no mention of a personal guarantee.
The part I signed is Titled ‘Customer Declaration’. I assume Customer is the company and not myself personally. The exact text of this section is:
I/We the undersigned apply to ********* Ltd for Credit Facilities and declare that the information given above is accurate. I/We agree to trade on ***** Ltds terms and conditions of sale as are applicable at the time of the transaction and confirm that I/WE have read the sale terms contained in this form. I/We the undersigned being directors of the applicant co , jointly and severally guarantee payment of all financial obligations to ******* Ltd, including any arising from any increase in the credit limit granted in future. ******** Ltd reserves the right to terminate this agreement for credit forthwith without notice upon a breach by the customer of any Terms and Conditions and all monies then outstanding will become due forthwith.
This form must be signed by the Sole Trader, All Partners and if a Limited Company a duly Authorised Director.
Name…………………..Sign……………………..Position………………Date………
There was no ‘sales Terms’ contained in the form.
The letters issued by their solicitors are being sent to my old company address but to my personal name. I only got them as I popped in to collect some things. It is a multi tenant office and the reception knows my name and put them aside for me. So they are not sending these letters to my home address as they do not know it.
My question is how valid is their claim. I understood that any personal guarantee could not be included in a Credit Application and would need to be a separate form or at least a separate signature clearly stating it was a personal guarantee.
I am worried sick about this, I was not a shareholder in the company but merely a director/employee. So I have lost my Job and a large amount of salary. I am trying to get back on my feet and this is causing me even more stress.
I am based in Scotland and so was the supplier. The company base I worked for was in Scotland although the head office was Manchester.
The final letter from them stated that if I did not pay by 1st September then Court Proceedings would be issued.
Any help or advice would be most welcome.
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