Established in 1992
Business Banking, Small Business Banking Dispute Solutions
IBAS experience and knowledge is extremely important in supporting business banking customers in dispute with their bank.
Why use the Independent Banking Advisory Service (IBAS) for your Business Banking Dispute?
You may be a Director, Partner or Proprietor with a UK business banking dispute or business banking debt claim and seeking fully independent advice, guidance or help. You will also expect knowledgeable banking experts with long experience who will know from their experience how best they can deal with your banking dispute at a ʻvalue for moneyʼ cost.
IBAS was established in 1992 and is totally independent. IBAS business banking investigations have been the ʻcorner stoneʼ in the many successful IBAS cases and resolutions over 26 years.
We know from our ʻcase workʼ and also the many meetings with Bank Debt Recovery teams just how much information banks hold for their use when they demand payment for business banking debt claims or directorʼs personal guarantee debt claims.
IBAS first priority in any business banking ʻcaseʼ is to obtain all information from the business customer and also from a bank, which we know is necessary to determine the strength of the bankʼs claim on the customer. Our first priority is the same whether it is a business bank account debt in dispute or a debt claim after a business failure where the bank seeks payment from a directorʼs personal security or directorʼs personal guarantee. Personal security may be by a bank guarantee or directorʼs personal guarantee and directors personal guarantees may also beʻsupportedʼ by a bank mortgage on an individualʼs personal property, which may be either jointly held (joint and several) as security with others or severally (individually) held.
We have found from experience that early ʻpaperworkʼ for assessment in many business banking cases is limited, as business owners, directors or partners do not have copies of important documentation on which we know the bank will rely.
We have also found that business bank customer in business difficulties ʻtalkʼ to their bank thinking that it may ʻrelieve pressureʼ on them quickly but without being aware that their call will be recorded and may also then ʻtriggerʼ default for any borrowings and also move matters on much more quickly for the bankʼs legal debt claim either against the business and also trigger all personal guarantees and security demands.
Those in business banking disputes are also rarely aware of how the banking debt recovery system operates or just how devious bank recovery officers can be in seeking their first priority - payment of the debt - regardless of the specifics of the customerʼs business banking dispute.
That is why we would never suggest that any business customer in dispute with the bank telephones to ʻdiscussʼ any matter with their bank.
If you really want to talk to somebody - talk to IBAS or better still email us to allow us to assess your concerns and respond to you - so that we may then guide you.
We can act quickly to advise and protect you if you are facing liquidation, receivership and being threatened by bank business debt claims demands or Director's Personal Guarantee Debt Claims demands from Limited Company debts.
IBAS has carried out business banking investigations since 1992. We could not cover all case study material without writing a book about them - but a few of the IBAS investigated cases are shown below:
Director's Personal Guarantee debt claim disputes can be very complex and we have found that only an in depth investigation will produce the best result for the customer. The results IBAS have obtained vary from a total removal of the debt claim (on considerable high value claims) to a negotiated settlement.
As a member wrote: "What benefited us the most was your concise & well thought out advice, very good knowledge/experience of how the banks work, prompt responses and sensible/pragmatic approach".
Case Study - Property Development Company - Director's Personal Guarantee - Business Failure - Bank demands payment for director's personal guarantee for full company debt owed of circa 100k - bank threaten to take his home.
As with many property development companies this Director's Personal Guarantee was signed without ILA being provided. When the business failed the Director took advice from solicitors. Their advice was to settle with the bank - otherwise they would 'take his home' - IBAS took on the case and fully investigated all the circumstances. The bank had written and threatened the bank would take the Director's home if he did not pay them what they had claimed. IBAS negotiated with the bank over a period of about six months. Despite the bank's claim on a provable 100k company debt, IBAS obtained the bank's confirmation they would not proceed further on their alleged Personal Guarantee debt claim demand against the Director. The Director stated: "The outcome was without doubt more than we could ever have wished for" - "We would highly recomend your services to anyone placed in the same position that we found ourselves in"
Case Study - Construction Company - EFG Loan - Business Failure - Bank demands payment for director's personal guarantees for full EFG loan provided to company.
Several EFG loans were provided to the company and Director's Personal Guarantees were taken over a period of years which confused the directors who were misinformed by the bank on their position and also their possible liability if the business failed. When the business failed the bank then demanded the maximum amount outstanding on all the loans - claiming the director's personal guarantees covered the full debt.
IBAS not only disputed the debt but also the manner in which the EFG Loans were provided to the company and the 'selling' methods and bank 'strategy' used in obtaining signatures for the Director's Personal Guarantees. Had IBAS not obtained all information available and then investigated matters thoroughly the bank would have taken the customer's home - as that was their motivation. After considerable dialogue over more than a year - the bank eventually agreed their position had been overstated and errors were made which enabled IBAS to settle with the bank for a sum which the customer agreed had provided them with 'a very good result'.
Case Study - Manufacturing Company - Unauthorized company bank current account withdrawals and alleged thefts by company employee - Bank paying 'outside' company mandate for business account/s - IBAS provided analysis, investigated, collated evidence to calculate the proven loss for a claim to be made by the Company against the employee's assets.
Case Study - Services Company - Unauthorized company bank current account withdrawals and alleged thefts by company employee - Bank paying 'outside' company mandate for business account/s - IBAS provided analysis, investigated, collated evidence to calculate, evdience and prove claim for loss to be made by the Receivers against the bank.
Or telephone (during office hours only) on 01487 843444 to arrange a confidential conversation
IBAS has reviewed a great many Director's Personal Guarantee Debt Claims and Demands, Personal Guarantee/s and banking debt claims to assess the risks to the customer and what action was required for the customer's protection and resolution of the debt claim we have also investigated the following:
Cloud or Crowd Funding Personal guarantees - IBAS have assessed and investigated Crowd Funding Guarantee Demand Claims and resolved those claims.
SWAPS interest rate complaints, misrepresentations/miss-selling & deception in sales of SWAPS 'agreements'. Property secured to a SWAPS agreement of an unequal term, release of security to business bank loan and mortgage/s.
Business bank current account, double charging, Bank pressuring businesses for more and greater business assets, lower business borrowings forced, higher personal Director's guarantees and further personal guarantees secured on family homes by bank mortgage.
Business Bank current account - bank overcharging of interest and business current account bank - overcharging for double debits and fees - Bank Overcharging debit bank interest on business banking current account/ loan/ guarantee/ mortgage.
Bank breaching contracts with business banking customer - RBS Global Restructuring Group (GRG) assistance, Business banking current accounts/ mortgages/ loans being moved from branch to debt recovery department / specialized lending unit / business support unit / business recovery support unit and normal banking relationship ending.
Bank forgery of payment and security documents to obtain property/payment for debt, Banker's misrepresentations in obtaining further security, Bank lending using both undervalued and overvalued property valuations.
Tracing ‘lost’ connected business bank accounts in an offshore bank.
Cheque and BACS payments by bank branches without authority & Banks paying outside company mandates for business current and business loan account/s.
SFLGS Business Failures and EFG Loan Business Failures where IBAS has provided pre-litigation assistance on issues ranging from company loss, bank mistake, security taking, debenture taking and debenture registration and the taking of and 'calling up' of associated bank director's personal guarantees.
Independent Banking Advisory Service (IBAS) - launched in 1992 as a specialist unincorporated business banking membership organization assisting bank customers with UK business banking account loan disputes and business banking debt disputes with their bank. Our analysis and investigation of business bank loans, bank accounts, banking contracts, business banking account facilities and banking debt recovery information has been instrumental in our member's success
IBAS has featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and contributed to many editorials and articles in the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.
Last modified: 13th December 2018