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Joint and Several debt - help needed


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Hi I am new to this....

Bankground info

 

I had a joint Lloyds business account with my ex partner, who up and left resigned from the bank and Ltd Co in March 2010

There was a OD and CC which we had to sign joint and several guareentees on. Which were reviewed each June. The last review attended was June 2009 where we both signed the Joint and several.

OD - 10K

CC - 5K

 

Following the resignation I contacted LLoyds and a meeting was arranged which was cancelled by my business manager. I then had my OD facility withdrawn and excess borrowing fees adding to the account.

Attempts where made to contact Business manager which all failed to advise that due to my ill health the company was being closed. I then received a letter stating that the OD had been approved untill June 2011, and request both parties signand return the joint and serveral aggreement. Which I never signed or returned.

 

I then finally spoke with an accounts manager and advised that the company by then had closed and I had no funds available to clear the amount owing on the account (10K) he informed me that my business manger no longer worked for LLoyds!!! And had no record or letter on file that my ex partner had resigned.

 

In the last 12 moths I have had demands from Lloyds, Moorcroft. Then Westcot who i did telephone and ask for proof that I signed for the OD and CC facility. They sent a letter back in June saying that a door step collector would call.

 

The next letter I received was 2 weeks ago from Iqor which states they are planning to send a collector

 

I know this has been a long drawn out thread but is there anyone that could advise me please.

 

Am I still responsible for the Company Debt if I never signed the OD or CC paperwork?

 

Regards

Quell

 

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I dont think the lack of signature is relevant here, as the debt accrued was during the previous (signed) agreements. Has the company officially been wound up? Did you sign this as a representative of the business, or did you actually sign as a personal guarantor? I am far from an expert on this bit, but if it was a Ltd company, and the debts were signed NOT as a personal guarantor, then I cant see that they have any claim against you whatsoever as an individual.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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