'I can confirm that the Claimant sent their Judgment request on the 16 November 2022' how can a claimant request judgement 8 days after AOS and 7 days before filing of defence deadline?? is there anyway this complaint can be escalated to someone higher up ? or some one else- this does not appear fair at all

Lloyds still won’t respond to my complaints or provide documents - so I have started the financial ombudsman complaint as suggested by my solicitor as they are not being forthcoming or acting fair they still haven’t written back to correspondences - but phone calls which I don’t answer started again today why are they ringing instead of responding by mail - I want written answers to my complaint not an informal chat ?

Yes

Post 8

Really needed to get it in before 4pm today - you can try and do now - but might be late defence was written out for you. Before by dx100

Ok - so you have the original agreement form 2017 and This was replaced by new one in 2019 which is a bit more onerous as an indemnity as well - as you haven’t defaulted yet - what are you currently hoping to achieve ? Are you about to default, and worried about the consequences ? If so , do you have the ability to restructure your borrowing , to a simple unsecured business loan (their rates are terrible anyways) pay this off and the issue of a personal guarantee goes away

When did you take the card out - as they changed the product/card few times from 2018 to now - with new docs superseding the others ? (At least twice I know of ) did you agree to change in card when they emailed you about it ?

Agree - I think because you’ve ignored them they have gone for a ccj not caring about paperwork as they think you will ignore that too and get one by default main aim of filing defence is to stop default ccj get them on proof of paperwork - with deadlines to start with

Ok- someone may make this neater than me - but having dealt with them a lot - the burden of proof is on them - to prove their claim and prove the loss so defence would be 1) I did not provide a personal guarantee for ltd Co xxx and there is no amount outstanding for £516.50 2) I have not received any assignment letter that entitles the claimant to bring any action (or have you ?) 3) I did not agree to indemnify Ltd Co xxxxx 4) no agreement for xxxxxx has been provided or signed by myself. 5) no amount is outstanding then once submitted - do a CPR 31.14 letter - requesting 1) personal guarantee document xxxxxx and the IP address where it was allegedly signed 2) assignment letter for arrow global 3)proper creditor statement of account including all details opening balance and charges , repayments personally I know that what they don’t seem to have at new wave is the creditor statements to prove the amount they claim - which maybe is why they sell on and they don’t have proof of IP where it was signed like a docusign document - they just put your typed name in which is why people aren’t aware - it’s not even a wet signature that’s the start really - if they don’t reply with what you need (crucially the proper statement of account to prove loss) in the 12 plus days to letter CPR 31.14 I would apply for a stay or strike out until they do someone might have more info than this but their weakness a) proving you signed it b) proving amount outstanding

- hi Have you requested any proof of documentation from them ? And is there a statement of account ?

I have left this a while , so they can respond to my current complaint - non provision of documents , no. Provision of communications etc , separate underwriting not done but also I did offer after pointing out all the issues £3000 in full and final (in formal letter) as this is taking time and money (over two years already for both parties ) And given them 30 days to accept or go ADR instead so as far as I am concerned - I await response in writing to both complaint and offer now for the first time in two years they are constantly trying to ring me - I ignore - as I want a response in writing- why would they all of a sudden start ringing- ? I’ve nothing to say to them

i dont know - the SAR shows lots of narrative of wanting a possession order on our house and recent narrative to resubmit to solicitors they discuss in file notes valuing our house on zoopla estimate for hundreds of thousands (300k) more than its worth valued at my Natwest Bank - saying good for money- go straight for possession order. and being devils advocate if they can prove a signed guarantee, which is an all monies guarantee and prove a debt was owed -albeit with limited documentation- it would be a battle i think i need to prepare for however the SAR has been fruitful they (lloyds ) have to follow a separate underwriting and approvals process to take a directors guarantee, before offering a loan they have not done this - they simply stapled it behind loan contract at the time without any explanation of proposed transactions, which they apparently have a fiduciary duty to explain (SAR again shows nothing done)- they have confirmed they never contacted my husband, the second signatory, and nothing to do with business-as a non operational director (apparently they didn't feel they needed to -their written words) But he would be released under Etridge Principles 49 and 87-8 of the Etridge principles they did not obtain certified legal advice which under the principles means they cannot stop his release from liability. i could never stand or pass underwriting (if they had done it) to be a sole guarantor and had no intention to be one, i dont earn any money really- its my husbands

thankyou i don't believe director guarantees are covered by CCA? are they ? this is a business contract they have page one and pages 6-10 of an agreement which is just page 1 ) £20k to business name fixed loan to account number xxx, then pages 2-5 lost which holds all details terms , length , payments condition precedent etc pages 6-10 are generic small print terms and conditions actual loan contract pages 2-5 they admit is missing and paid me £100 for the inconvenience ! i suppose they do have enough to prove loan exists and was paid without terms of repayment it seems legally it would just be seen as an on demand loan, with 6 yr statutory limits starting from drawdown they also wont provide a statement of account as says it belongs to ltd company and separate legal entity i have no rights too! how would they prove default notice sent if they are unable to produce the notice as without prejudice and inadmissible ? (it was received by post FYI) With that in mind, here are some examples of when “without prejudice” should not be used: Notice letters or letters of demand where one party is asserting certain rights, such as if you are giving a Notice of Dispute or Notice of Intention to Claim for Delay under a standard form construction contract;

with further analysis of my massive SAR, i've received the formal demands to the business made in march 2020 for overdraft and fixed loan i was wondering if someone could give me some insight on the following a)these are default notices even though not titled as so? b)a default notice is required to call upon an alleged guarantor? c)if there is no loan agreement they have confirmed as lost, then using the act of default as non/missed payments would be hard to prove as no dates, terms, obligations to repay evidenced as no contract to read d)a default notice would have to be submitted in a court case, to prove an act of default? if so why has lloyds marked all these formal demands as without prejudice, meaning they would be inadmissable any ideas, thanks if anyone can help

nov 2018- business went into liquidation march 2020

hi as way of update- after speaking to solicitor way back when it was highlighted that banks have to follow certain procedures to take director guarantees of they are not enforceable it is documented at lloyds a whole separate process i asked for evidence this separate process was undertaken- which it wasn't seemingly - well they ignore my requests for this evidence i tried to SAR them - nothing for two years said i not entitiled they also wont or cant provide the loan contract on which the guarantee was suppose to support- a guarantee can apparently only co exist- no contract for the company to repay - no requirement for an alleged guarantor so nothing for ages- finally today get a response to SAR- still no contract for the business loan and nothing but copies of letters they have sent me over three years many times says legal action starting- but nothing ever goes forward as dont provide docs i ask for loan contract legal advice certification and evidence of required guarantor procedures by the bank etc but digging through this SAR response i was intrigued by one copy letter its dated june 2021 from lloyds to a DWF solicitors , instructing on them on a fixed fee to obtain possession of the above security for the loan (our home address) and let us know when its done 1)its not a secured debt at all - just an unsecured business loan- 2)never ever heard from these people supposedly instructed over two years depsite repeated PAPLOC's and threats, they still dont seem to take this forward or have i ever heard from a team of solicitors stuck in limbo

all done - so it is a scam ?

simply says Hello Accounts, We have sent you an email regarding a personal matter please call 01253 226181 quote ref : xxx is this a scam ? i have no email received, no unknown debts no notice of assignments, no mail, no phonecalls they obv dont know my name also

So paploc reply date came and went re iterated in reply (to paploc) i wanted 1)notice of assignment 2) proper statement of account -as none ever been provided despite repeated requests 3) IP address of who created a false document 23 July - a month after I placed in writing, I refuse to personally guarantee, I refuse to sign a guarantee and I do not consent for any of this to happen suprise, surprise 1) ignored nothing received 2)they say there isn’t one and it doesn’t exist as confirmed by original creditor 3) ignores - not sent me anything or responded. ‘but please feel free to get in contact to organise arrangement to pay the business debt’ so I just go back to ignoring them I guess - the constant letters - As I said I’m happy for them to take me to court use unless, strike out orders for the information that is necessary And put all this evidence in front of a judge I absolutely didn’t guarantee this debt , refused to do so in writing that they can’t even prove with figures or a statement

It’s from capital on tap , interesting though - there is actually a blank box it just says signature of xxxxx and blank space on right - which is where I think you should sign where as there signatory space says signed by xxxxx

yes capital on tap (new wave capital)- original creditor

my emails are dated 10th july 2018- refusing to sign etc they recently provided the forged doc dated 25 july 2018, which has never been seen or sent to me before - i checked all email trails and they refuse to supply evidence it was sent to me (because they have literally created it) in fact i never log on to their portal again to drawdown or use card according to my evidence/emails

They have provided a ‘new’ document with a personal guarantee box at bottom and put my typed name in - all dated well after my emails expressly refusing to sign it and carry on - to quote my emails said “I refuse the product , I refuse to consent to a a personal guarantee and you do not have my consent to move forward or apply my name to anything, I do not accept product and will not give a personal guarantee “ so they have provided this document but I did not sign - or have ever seen it before until this action but this is what they rely on for a signed guarantee - clearly made up internally by someone they won’t give me the name for I guess this all just goes in my defence ie - I did not sign it , I said I wouldn’t , they won’t tell me who created it later on - basically forged my signature on to it (typed)

Got a paploc today - going to wait 20 days until I answer, they haven’t answered my complaint haven’t provided documents asked for just did a one line typed total of amount owing - and called it a creditor statement lols - which it isn’t capital on tap already put in writing one doesn’t exist earlier last year I have all the written evidence and emails sent at time that we refuse to sign and refuse to give personal guarantee - very clear and specific the document they rely on was only created at start of this chasing action and they (capital on tap or Drysden’s ) appear to have typed my name at bottom - never been seen or provided, without my knowledge or consent (expressly refused in writing) which means it’s a forgery in simple terms I guess - I don’t see how they expect to move forward with action , with no creditor statement to prove loss - a forged document as I gave express written refusal to sign - and certainly did not do so and have never seen this ‘new’ document capital on tap would have sued me themselves easily if a real PG was in place - not sold on two years ago

hi- i know the information is to ignore drydens, so dont hate me but i have proof in writing- sent to Capital on Tap i refused to give a personal guarantee and refused all consent etc and there is no creditor statement , proof of loss admitted by earlier correspondences so when drydens (docs moved desk) took over , i said its harassment now after three years dont contact me unless provide statement of loss and IP address of where and whom signed a (typed name) document on which they claim after this express refusal in writing evidenced as it would be a forgery by that internal person. just got a letter saying, due to covid we dont do hard copies we have the documents/information requested but must register and logon to our portal is this just a lie to make us logon with our personal details, as capquest and arrow always responded in writing or hard copies to say of things didnt exist- is this just another tactic i can ignore? i refused offer of agreement in writing-no acceptance the express written refusal to sign and provide a personal guarantee means i can demonstrate no intent i didnt sign any document at all (they've newly created one back dated to 23 july 2018 with my typed name and cant provide any evidence i signed it)