personall guarentee help please

[loppey]

please can anyone offer me any advice????

 

I was down a a company secretary, the company has ceased trading since June 09, Resulting in vehicles being repossessed etc,

I was aware of a personal guarantee i had placed on one of the vehicles and have spent the last 4 months trying to resolve it which i settled with the company 2 weeks ago,

 

Just when i thought i could breath a sigh of relief i recieved a letter on Thursday saying that one of the other finance companys had changed hands in July 2009 but this would make difference to my guarentee, On Friday i recieved a letter from the finance company asking my payment proposals for 20k which is the outstanding ammount.

As you can imagine this came as a total shock as i was not aware of a PG other than the one i settled, I have not personally recieved any letters for late payment issues before the vehicle was repossed etc, The ltd company recieved letters from solicitors in Nov 09 saying the company had 14 days to make full payment or court action would be taken We were advised to let this happen. Interestingly the solicitors was the same as the ones used when i settled the PG,

I rang the finance company and was informed that there was a guarentee in place, they have sent this to me and it does appear that i have signed something, but this was for a vehicle we purchased in 07, sold and repaid the outstanding amount we used the same company to finance to buy a new vechile, surely that can not us that and if so should i not of been made aware, I honestly had no idea that i had signed a Pg in the first place i was told i was a second signature as it was a ltd company so required 2 signatures, All these " deals" were done in car parks. stupid i know but at the time .....

I have settled one PG and paid expensive solicitor fees to do this can anyone please give me advice on what i can do by my self and how i can tackle this and get any other info they have on me

j

[Undercover-Elsa]

Hi Loppey,

Just my opinion, but do you have a receipt/written confirmation that you paid off the original vehicle that the 07 agreement pertains to?

If so, I don't see how they can claim that it's got anything to do with the new vehicle, unless they produce a document you signed for that too.

It might be an idea to send a Subject Access Request to the Finance Company, requesting all the data and copies of all agreements and documentation they hold on you. The fee is £10 and the request should be addressed to "The Data Controller" at the company head office.

Here is our usual template letter, which you may be able to amend for your use:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Hope this helps,

Kind regards,

Elsa x