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Can anyone offer some advice please

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  • Can anyone offer some advice please

    A company I was a director of had a company credit card with Capitol on Tap
    The company is now no longer trading and cant service the debt on the account.
    COP say I am a personal guarantor. I say Iím not Iíve never entered into that arrangement or agreement.
    They send me a printout of a supposed PG agreement with my name on it. Not a signature. Its all electronic and legitimate they say.
    I advise them that there were several people in the office at that time and can they provide emails or phone recordings proving it was me that completed any PG forms.
    They donít provide this. I do a SAR still no evidence.
    Theyíve now sold to Shires who Iíve advised of the situation regarding evidence.
    I noticed a few weeks ago and havenít told them yet, that the address on the PG form they keep sending me has our last business address on it. We didnít purchase this property until 6 months after they insist, I signed the PG. We didnít even know the property existed. The PG form has clearly been doctored or fabricated by them. It also keeps referring to it being a regulated agreement under the CCA which is contrary to how I believe a PG is dealt with
    Somethings very inconsistent and odd with it all. Should I stick to my line and insist I didnít enter into any PG
    Many thanks or any advice given.
    Tags: None

  • #2
    How much money are we talking about (approximately, not exact amount)?

    Did the document they sent you require any witnesses to you signing it? If so was it witnessed? Or anything signed by a solicitor to say they had given you independent legal advice?

    eSignatures can be legitimate in confirming a contract but obviously not if you never made the eSignature.

    This is the opinion of one firm of solicitors.

    https://www.bellcomp.co.uk/debt-advi...y-enforceable/

    I don't know how courts approach disputes about whether an eSignature is genuine, what evidence they expect to see. Other posters here may be able help with that.
    Last edited by PallasAthena; 26th March 2024, 18:26:PM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Hi

      Thanks for your response. its circa 15k
      no witnesses or legal advise required apparently.

      My point to them is i had no knowledge of it and they've added a future address to an historic agreement which proves they've messed with it.

      Also the fact it says its a regulated agreement leads me to believe the paperwork is incorrect anyway

      Thanks

      Comment


      • #4
        You need to request a clear explanation of the circumstances in which they claim that you gave this guarantee.

        The point about the address seems very strong.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Providing the PG is covered by the Consumer Credit Act 1974, if the Creditor is minded to pursue legal action through the Courts, then the incorrect address on the agreement would potentially be evidence as part of your Defence.

          Check the agreement to see if it's regulated by the CCA 1974, if you haven't got the agreement send a SAR to Capital on Tap.

          https://legalbeagles.info/library/gu...ccess-request/

          'It also keeps referring to it being a regulated agreement under the CCA which is contrary to how I believe a PG is dealt with'

          Comment

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