Could any one help me I have a problem with a Personal Guarantee which is held by a bank and they wish to enforce.
This was a guarantee signed to cover the liabilities a Ltd company which I was the sole Director of.
I have spent the last few years tussling with this Bank and they have now issued proceedings in the High Court to enforce there Guarantee. I a have no choice but represent my own case in this matter. They also have first charge over a property however the address written on there documentation does not match the property which should be the subject of the guarantee rather it is the address to a yard in front of the property which I own 50% of.
They seem to be ignoring this charge in the court case and are simply pushing the personal guarantee. I have spent the last six months trying to get discoverable documents from this bank, they gave them to me a couple of days ago.
I now know that the director of the company ( myself ) never signed on behalf of the company acceptance of the banks terms and conditions and there fore the borrowing.
The earlier signed documents agreeing the banks terms and conditions on behalf of the company have been changed by the bank with hand written note and a date several years after the signing of the agreement there are no signatures or dates to indicate when the changes were made.
Any advice would be most helpful.