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advice needed - personally garanteed company debt

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  • advice needed - personally garanteed company debt

    I hope someone can offer some advice:
    In 1999 my husband's company was in difficulty and we owed money on our natwest business credit cards. this was converted to an overdraft on the business account and we signed a garantee to pay the debt. The company was dissolved in early 2001. the debt was £18000. the debt was passed to unidebt and we set up a payment plan. we were also told by them that it was a fixed sum and not accruing interest. we continued with our payment plan and the debt was taken over by triton credit services (are they natwest?) In all that ttime we have had no statements to tell us how much we still owed, even though we had requested them. in march this year i rang triton to see what the balance was - hoping to pay it off in a lump sum. i was told we had paid £9400 and the outstanding balance was £33000! i was totally stunned and confused. After much discussion with various people at triton i established that our business account was never closed when the debt was passed on by natwest to a debt coll agency, and that the initial sum owed has been accruing interest as an 'overdraft' all these years. We have never received a bank statement for this account in 10 years and have no copy of our signed garantee. We wrote to trito offering them the balance on theoriginal debt which they refused. can anyone advise on where to go next? sorry it is such a wordy post.

  • #2
    Re: advice needed - personally garanteed company debt

    Hello maggsmc and welcome to Beagles.
    Firstly Triton are part of Natwest.
    I think you need to SAR (subject access request) this way you should get to receive all the data held on you and should include all the transactions on this account.
    Here is some info on SAR and how to go about getting it Legal Beagles
    Hope this helps for now, someone else will be along with further help soon.
    Enaid x

    Comment


    • #3
      Re: advice needed - personally garanteed company debt

      you should also look at the guarantee document you signd and confirm whether you sought legal advice when you signed it.

      It is 'normal' practice for a Bank to insist that personal guarantees are dealt with by your solicitor ime.

      Comment


      • #4
        Re: advice needed - personally garanteed company debt

        Thank you for your reply, we didn't take legal advice when we signed the garantee and do not have a copy of it anymore(not sure if we ever did)
        I will ask for a copy - are they under any obligation to supply one?

        Comment


        • #5
          Re: advice needed - personally garanteed company debt

          Originally posted by maggsmc View Post
          Thank you for your reply, we didn't take legal advice when we signed the garantee and do not have a copy of it anymore(not sure if we ever did)
          I will ask for a copy - are they under any obligation to supply one?
          All this should come with the SAR that you are about to send.
          I have PM'd you a reply.

          Comment


          • #6
            Re: advice needed - personally garanteed company debt

            i was under the impression that if you did not take legal advice then this may have an impact on the validity of the document, it was a while back since i signed our guarantee but am sure that we could not have got the o/d without the gaurantee being prepared and witnessed by our solicitor.

            Oh and you definitely should have had a c opy both before signing to review and post signing of a record as to what you had signed.

            JMHO

            Glenn

            Comment


            • #7
              Re: advice needed - personally garanteed company debt

              maggsmc

              So far Triton Services (natwest) have sent 2 pages of A4 of data held by them. The letter said that more may come under separate cover from other departments. 40 days will be up 12th Sept (SAR time limit). After we have all the information we are going to take legal advice from a local solicitor who has been recommended by an aquaintance.
              It looks like it may be a costly business.

              Comment

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