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Found 2 results

  1. I am not sure if anyone can give me any advice on how I can defend a personal guarantee claim from Natwest? In 2006 the ltd company for which I was a director took out a bridging loan from Natwest for 2 months whilst we waited for funds from a secured loan with a different asset management company. The loan came through within 2 months and the Natwest loan was fully repaid. The asset loan has also since been repaid. However, the guarantee said it exists for perpetuity until the director dies and the bank referred to it as security in a subsequent overdraft facility. It is only cancelled when notice is given. The company then went into difficulty in 2010 and the bank forced the directors to convert this to a repayment loan for the same amount with much higher interest. The bank said they would force the company into liquidation if the directors did not comply. Again they referred to the security of the old guarantee. The company finally went into liquidation in 2013 and the loan went unpaid. The bank is now pursuing me for full payment of the loan. The company assets (including those covered by the original loan) were sold off to pay liquidation fees so the company is well and truly gone. Would a letter to or from the bank stating that the funds had paid off the original loan in 2006 be strong enough to infer we were notifying them that the liability under the original guarantee was being repaid and therefore should be taken as notice of the guarantee? Can I argue that the intent of the original guarantee as delivered as a deed was only for the purpose of securing the original bridging loan even though the guarantee itself was open? Can I argue anything to do with surety? The guarantee was accompanied by papers signing that I was an empowered director to remove a claim that I am a consumer in order to go for unfair contract terms - could I still claim this as they are chasing me personally now and not as a director? The terms are definitively grossly unfair. It was also accompanied by papers saying I waived legal advice. This was the case for the original guarantee but we had no option for the subsequent facilities. Could the fact that the directors were forced into converting the overdraft to a loan somehow invalidate the guarantee? We even wrote to the bank complaining about the bullying at the time as we were disgusted by their behaviour. I am at risk of losing my property as it was mentioned in the subsequent loan that the guarantee was "supported" by the property. I want to defend this but not to run up unnecessary debts in the process. I also don't want to respond hastily and jeopardise any defence I may have had. Please help.
  2. Hi, I sent in a letter to RCI financial asking for my PPI money back, they have responded by letter this morning telling me that the company that administered their PPI has gone in to liquidation and that I need to claim via the Financial Services Compensation Scheme. .. how do I find out who the company is, or does anyone know, ill send another letter to RCI but thought I would ask on the off chance anyone knew who RCI dealt with.
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