Signed as a deed

[Ripped-Off]

Re: Signed as a deed

Surely it doesn't become a deed until it has been signed and witnessed by the guarantor.

I agree with you on this but that means that Openlaw disagrees with both of us. Perhaps another Beagle will add some input and you can then weigh up in your own mind who is the more persuasive.

Do I start with the line that it hasn't been executed properly and is therefore statute barred and see what they say or should I take another route?

I would use all arguments. Take a shotgun approach and see which argument sticks. After all they'll have to respond to each of your points and then we can add their view into the mix.

[Openlaw15]

Re: Signed as a deed

In the Bibby vs Magson case, as I have seen mentioned on here, the deed was described as being delivered by the borrower to the lender "The court held, on the facts, that the PGs had not been delivered, in the technical sense, by merely being handed over to Bibby after signature."
So, how is it in this instance that the form is stating that it is being signed and delivered as a deed by the bank? Surely it doesn't become a deed until it has been signed and witnessed by the guarantor. Hopefully I'm not being stupid here but it's just how I interpret it?

In the High Court case of Bibby (2011) the deed was not deemed delivered only because it was only in its draft stage, ie other pages had to accompany it before it could be released to amount to a delivery.

[livingthedream]

Re: Signed as a deed

Could I add an additional argument to which may be useful for the OP to look at, as I am aware of many other arguments available, but if 1st Credit are chasing the debt, is there not a better argument to consider challenging the legal status of such debt and whether the debt has been legally assigned via a Deed of assignment

I understood the bank was the only person who could remove the guarantor of any liability, so as such lets say the OP did pay 1st Credit, they would still be liable, is there not better grounds to defend there is actually

1. A debt - if a guarantee has not been enforced as such, when does a debt become a debt

2. If the debt has been purchased, then there must be a deed of assignment from the bank to the DCA giving the DCA complete legal ownership of the amount, does the DCA have legal status to remove liability and if not, why would you pay them anything?