No charges have been added by Robinson Way. The 18500 opening balance reduced by the amount of my repayment. The account was then in default and I belive that interest and additional charges would be frozen. No agreement was signed to repay Robinson Way except for an offer to pay £220 per month which was accepted. A personal gurantee just establishes the limit of liability to the bank in the event of a default. This limit in my case is £10,000 plus interest. The interest is in the order of £2000 charged by HSBC. I am not sure whether the gurantee applies to to the debt when bought by a third party and whether the limit of liability still apply.

The company was wound up in feb 2006 with balance of 19,702 on the HSBC account. The balance on the HSBC account was 22,237 on 13 Nov 2006 when the account was closed and sold to RW. The difference is interest and charges.(2,535) The openiing balance on the Robinson Way account is 18,500 in November 2006. My payments to Robinson Way total 12,080 and the balance to pay is 6,420. I cannot work see any rational for the 18,400 opening balance. Clause 15. mentions a seperate obligation, but subject to the limit in clause 4. I much appreciate your advice. John.

I had a debt of circa £18K to HSBC due to a personal guarantee. In Nov 2007 this was sold to Robinson Way and I made regular payments up until April of this year. In total I have paid 12k. After April I tried to negotiate a full and final settlement, but we could not agree. I submitted a SAR, and I received the information today. They sent me a copy of the personal guarantee and here it states "The aggregate amount payable by you under this guarantee (which includes the amount due under the indemnity in clause 15) shall be limited to the sum of £10,000.00 (Ten thousand pounds sterling) and interest on that sum as mentioned in clause 2b above together with the money agreed to be paid under clause 17. Clause 17 referes to fees expenses, legal and administrative incidental to the enforcement of the guarantee. This appears to indicate that my liability is £10,000 and I have already paid £12,000. This would mean I have no further liability. Can someone confirm my understanding is correct. Thanks. John.

I have received the SAR infformation from Robinson Way. They had to declare that they had bought the debt from HSBC ( I still have the letter from a year ago saying HSBC owned the debt). They did not provide the agreement, so I requested this and had to pay an additional £1 because this would need to be requested from HSBC. In parallel with this my F&F offer of £2800 has been rejected and they offered me a settlement of £4,815 which is 75% of the balance. Any advice on tactics would be much appreciated. John.

Just for clarification. I have been making payments to Robinson Way nor HSBC. No contact was ever made by HSBC, only contact I had was via Robinson Way with the debt classified as default. There is another party who is jointly liable for this, but to my knowledge, he has paid nothing. I made a low offer last week of £1,500 based on the fact I already paid nearly £14k out of the £20k but they have rejected this. Can you advise what I should do next: Increase the offer or send them a SAR Any advice very welcome. John.

I was told by Robinson Way that HSBC still own the debt. I am not sure I believe them. as far as I can see there have been no excessive charges. The debt was 20K and has been reducing in step with my repayments. I have not sent them a SAR recently. Is that recommended? This is weird, as I am writting this RW just left me a message on my phone. They must be monitoring the site I was going to make another full and final offer. Do you think that is the right move. John.

I had a debt of 20K resulting from the collapse of a company where I was a director and had provided a personal guarantee. The original debt was to HSBC, but they passed this on to Robinson Way. I have made regular payments up until may this year. I stopped making payments in May after 3 attempts to make a full & Final and reciving no response at all from RW. The balance is now Cirac 6.5K. Stopping payments was meant to focus their attention in getting a settlement. Since doing this, I have heard nothing from RW. Slightly strange as I got mothly letters when I was paying, reminding me payment was due. I was informed this week that Lowells had accessed my credit report and although they have not contacted me, I am wondering whether they are now involved. What advice do you have if indeed Lowells make contact. The debt will be 6 years old in October and is the last default showing on my credit report. Any advice greatly appreciated. John.

yes you are right I checked with two other sources. It is £99,999 + interest and charges. By chance I also had the opportunity to check the court's stance towards interest and charges and they seemed to say it was reasonable to charge interest + margin on an outstanding debt.

Update on the case......Some advice on the next step would be appreciated I filed an embarassed defence. I received no response on the CPR 31.14 request so submitted a draft order to the court to obtain that information. The judge has deemed that a hearing is necessary before a final decision is made on allocation. This will be held on April 12th Should I wait for this hearing or should I now make a full and final offer, but on the low side. I would appreciate some advice on tactics. Thanks JD

I provided a limited guarantee to RBS for a company loan. The company is no more and so I together with 2 other persons are liable to personally pay off the debt. I have a copy of the guarantee and am uncertain on what the limit of the liability is. The key clause is as follows: Guarantee and Indemnity Guarantees to discharge on demand the debtor's obligations with interest from the date of the demand and Agrees that the amount claimed by the bank to be included in the debtor's obligation which is not recoverable from the guarantor under this deed for any reason on the basis of the guarantee shal nethertheles be recoverable from the guarantor as principal debtor by way of indemnity and the guarantor agrees to discharge the liability on demand with interest from the date of demand. Provided that the amount recoverable under this deed shall not exceed the total of 99999 pounds sterling together with interest on that sum since the date on which the last interest was last compounded in the books of the bank and interest on that total from the date of demand and expenses. My question is whether the maximum liability is 99999 or is it 99999 plus interest. Can anyone who talks legal please assist. Many Thanks, JD

i received a letter from RSM tenon Recovery, saying they had been asked to contact me regarding an outstanding debt to RBS. They asked me to attend their offices but I declined. I do not dispute the debt. I did call them today and the conversation was very interesting. They have been asked to negotiate a lump sum settlement by RBS before they give up and take the legal route. They mentioned a settlement figure which was in fact quite attractive. 50-60% of the total. The conversation then took a strange twist with tenon telling me that I should switch the payments I am making to RBS to them immediately.( I have an existing arrangement) I told them that I would not do this without confirmation from the bank in writting that I should do this. They then told me that the bank would refuse to deal with me and that the only confirmation would come from Tenon, or a phone call to the bank. This is very suspicious. Although the setllement seems reasonable, I am very suspicious and would like some advice on what I should do. BPRMS

I have just received a notice of Allocation or listing hearing from the court. Judge has considered the statements of the case and allocation questionnaires and has decided that a hearing is necessary before a decision on allocations can be made. Background to this is, I filed an embarassed defence after the claimant failed to provide documents after a CPR 31.14 request. I submitted a draft order of directions to obtain the information. PS : Debbie thanks for your help in getting me so far. What preparation should I make for the hearing, which is approx 15 mins duration. John.

Hi Curious as to how this went. I have just had an identical letter from Tenon this week re an RBS account where I was gstands and that ave a pesronal guarantee against a company bank account. I take it that the advice stands and that I should only correspond in writting.

Hi Debs, Cannot message you as you mail quota is used. Just an update after filing defence. I have received the correspondance from my local court - Swansea I have until march 8th to return allocation questionnaire. Still nothing received from solicitors re CPR 31.14 request and not mentioned in court correspondance. What is is you advice

Thanks Debbie, I have now posted the documents you requested to my previous post. Regards, John.