Comparison on Director's Personal Guarantee Debt Claims for Joint and Several Company Bank debt claim
Director Personal Guarantee Debt Claim or debt claim demands for a director personal guarantee for company debts.
When directors seek funding for their business they may provide cross company guarantees and may also sign a personal guarantee which is legally binding and which will circumvent the limited liability status of a limited company once bank debt recovery commences against the Limited Company.
A Joint and Several Personal Guarantee liability provides the bank with legal assurance that each of the signatories to the agreement will be held 100% liable for the full outstanding debt.
It is not (as many believe) a shared or 'proportionate debt' which may then be equally divided between the directors once demand has been made.
Directors being claimed against by a bank/lender for a personal guarantee claim will have different assets and their available equity may vary considerably, That will tilt the bank/lenders strategy on debt recovery.
Any joint and several personal guarantee or joint and several mortgage agreement will state that each director or partner is liable to pay the full amount of the debt.
Joint and several liability implies that all signatories are liable for the partnership debts in full or in part individually, dependent usually on their ability to pay.
Because of that individual liability a creditor(s)/liquidator/bank debt recovery unit can pursue the guarantor with the most assets first to satisfy debts.
Then the next guarantor who has assets, then the next, onwards, inflating the debt with charges, costs and interest.
Personal Guarantees on Bank Business Debts or banking debts for Limited Companies allow the bank to claim a directors personal guarantee debt which is a debt then owed personally by the personal guarantor (the director) if the business fails or the Limited company cannot pay the debts claimed on the bank's demand.
IBAS has since 1992 established a standard practice for investigating bank customer’s business banking account disputes in depth – other advisors do not.
The lenders intention when obtaining any directors personal guarantee is that if the company fails to pay for any reason then the director's personal guarantee will then be demanded for payment.
It is then claimed by the lender as being a personal debt owed by that director.
To avoid a debt for a Limited Company Guarantee claim it is not enough for a personal guarantor to resign from their company.
Even if a company director resigns, that may not protect them from a bank claim on their personal guarantee for debts owed by the business whilst they were still directors or partners.
If you need to have a release/discharge/end/finalize or to determine a personal guarantee you will require specific advice to make sure the Personal Guarantee is no longer relied upon by the bank.
IBAS is a professional, confidential guidance and direct assistance organisation for UK Business banking problems and disputes and an organisation which can help you with bank litigation.
IBAS lay the 'groundwork' for a successful personal guarantee defence or banking claims defence by first preserving any defence which then exists.
IBAS have assisted in many cases which have been won by our members after litigation in the County Court, High Court and the Court of Appeal.
As TM stated in his testimonial for IBAS
This is a battle that we have won, which could quite easily have been lost had I not joined IBAS.
I would recommend them to absolutely everybody" - TM
There is no other non - profit UK organization providing independent and specialist individual business banking advice and specific assistance to members.
How can we help you? - email your 'situation' to IBAS
We are aware that lenders conceal inadequate procedures, mistakes and errors (which may offer defences) and we are also aware that those concealments are rarely obvious immediately and that often a thorough investigation is required to flush those out.
Therefore, IBAS as Banking Investigators need to establish whether the correct banking procedures were followed when security was taken.
IBAS success is due to thorough investigations of a great many case files.
That's also why so many of IBAS successful cases have been resolved even after the business customer received legal advice from solicitors who then advised the customer to admit the debt and make payments.
Instructing solicitors and the issues involved for bank customers are at: FAQ's Instructing Solicitors Notes
IBAS Membership allows IBAS to obtain all the lenders information on the customer's behalf.
That's necessary to enable IBAS to investigate all 'issues' which the case 'paperwork' raises.
We know that Bank demands are extremely stressful but IBAS acting between the Bank and the customer dilutes the customer's stress and protects the customer.
IBAS early involvement allows the bank customer to continue with their work and their life whilst the Bank/Lender's concentrate their thoughts on IBAS requests for specific information and providing information to IBAS rather than commencing legal actions.
Paul's Case: Both Paul and his brother signed a joint Personal Guarantee for their company. The company failed. The bank made demand on them both for a significant amount.
They requested IBAS direct assistance with the Bank's Debt Demand Claim.
IBAS assessed the preliminary documents and the brothers provided their statements as requested on what had happened, when and how regarding the 'signing' of the Personal Guarantees.
The customer's statements conflicted with the bank's documents and the Bank's explanations.
However, IBAS investigation of the first bundle of the Bank's information caused IBAS to raise our 'concerns' direct to the Bank.
But, the Banks Debt Recovery Unit dismissed our 'concerns' and refused to accept that any irregularities occurred in taking the security.
Bank Debt Recovery Units tend to believe that might is right, regardless of the evidence.
But, IBAS investigating skill and knowledge of historic cases means we have the ability to look deeper and wider into Banking Cases and are able to question not only why but also how security has been taken.
Having found a legitimate defence to the claim and also evidence to support it, which the Bank had hidden, IBAS continued to argue the merits of the customer's case.
Lawyers and Barristers are very expensive so IBAS assessed the legal position and the legal costs on the customers for defending the bank's claim - if it went to court.
IBAS are always aware that lawyers and Barristers do not guarantee success.
The legal estimate of costs was considerable.
'After The Event' insurance was also expensive.
We also considered the possibility of the Bank withdrawing their claim, leaving the customer to pay their own costs. That can be a severe blow to any bank customer funding their own defence.
On the other hand Banks will 'fleece' the customer for excessive costs (created by very large legal teams) if the customer loses a defence to the Bank's legal claim.
Therefore, IBAS continued engaging the Bank in negotiations and requests for further information to establish a trail of evidence for our use later.
IBAS progressed the case with the Bank direct and on behalf of the customers.
The customers carried on working, without worrying about what to do next and without the constant stress of contact with or from the Bank.
IBAS negotiations prevented large legal costs and the Bank issuing a legal claim.
Eventually, an acceptable compromise was agreed. As this prevented any risk to the customer's homes the case was settled.
(Customer's Testimonial provided)
The moral of this extremely good result for the customers is that IBAS knowledge, skill and in depth investigations put to use immediately after the Bank demand not only protected the customer's homes but also prevented both homes being 'taken' by the Bank.
How can we help you? - email your 'situation' to IBAS
"I discovered IBAS via a Google search for “personal guarantee advice”. Until this point I didn’t know that such an organization existed.
At the same time I had also started talking to a number of solicitors about my position.
The reason that I put my faith in IBAS was that it was clear they had extensive knowledge about PG’s. It seems to be a very specific area of law and whilst the solicitors were very gung ho it was clear they did not have as much specific expertise as IBAS.
Since taking on my case IBAS have provided detailed, accurate and realistic advice.
They are comfortable handling the various tactics deployed by the banks and provide strength and support during what can become a very stressful situation.
I would probably have caved in or lost had IBAS not been handling my case." - MJ Testimonial
"I am really grateful to IBAS for the support and advice received over a personal guarantee I signed with HSBC. When the business went into administration in 2008, I immediately sought legal advice with a local solicitor.
After two years of legal correspondence, I received Court Papers claiming the full amount of the debt. The guarantee was joint and several with two other business partners and it was called upon for all three of us.
After receiving the Court papers I realized I needed to receive more specific and expert advice. I found IBAS through an Internet search and after my case was accepted in Feb 2011, I was advised I did not have a defence and the most sensible option was for me to negotiate a payment with HSBC through IBAS.
HSBC eventually accepted my final offer. My other two business partners both decided to go to Court - unfortunately losing their cases and receiving summary judgments. They are now both waiting for the judgment to be executed with the risk of HSBC enforcing the order with an order for a sale of their properties.
Thank you IBAS for looking at my case so promptly and efficiently and for guiding me to make the right decision - however difficult it was." - SS Testimonial
We have found over time through our investigations that what was said before the personal guarantee signing or before other security for borrowings was taken is probably the most contested banking relationship dialogue.
There is any mystery to that.
Banking exams specifically cover all aspects of taking valid security for bank beneﬁt and also how the bank will enforce on it later when required.
Which means that bankers are well aware of the legality of a signed Personal Guarantee.
But, due to the bankers quest to obtain the maximum security for their lending and pressure for meeting loan/account/security targets, it is often the selling of the signing of a personal guarantee for a business which has been miss stated by bankers.
***IBAS investigation will focus on all information and evidence to properly investigate not only the circumstances of the lending
but also the circumstances around the taking of all security by the bank.
IBAS has specialized in Director's Personal Guarantee Debt Claim advice help and guidance in UK debt disputes and Director's Personal Guarantee debt claim (or call) validity issues since 1992.
Three directors were faced with Joint & Several Personal Guarantee bank debt claim from a Limited Company business debt claimed by the bank:
Joint & Several liability (of a legal obligation) means - an obligation undertaken by two or more people, each individual having liability for the whole.
Director ‘A’ - Director's Joint and Several Personal Guarantee debt claim was settled with IBAS advice and an IBAS negotiated settlement was achieved - the other two Directors (B & C) proceeded to court on the same Joint & Several Director's Personal Guarantee debt liability claim, one by using ‘DIY’ defending and the other using solicitor’s advice.
IBAS has been able to compare the results of the directors personal guarantee advice and help directly provided by IBAS to Director ‘A’.
Director 'A' sought and then took IBAS advice from the start of the bank's claim until IBAS resolved the bank's claim.
The other two ex directors (B & C) both defended the bank’s claim until Judgment was obtained by the bank - against them both.
IBAS therefore provided the best strategy to obtain the best result for Director 'A' on the bank's director joint & several personal guarantee debt claim demand.
Director ‘B’ continued with ‘DIY defending’ using ‘internet forum type’ arguments which are often completely inaccurate, unworkable or out of date.
Director ‘C’ took a solicitor’s advice and defended the bank's legal claim on the director's bank personal guarantee using that advice.
All three Directors family homes were ‘at risk’ from the bank’s debt claim which was due to the Joint & Several Director's Personal Guarantee which they had all signed.
Once we established that there was no defence to the bank’s claim and the Director's Personal Guarantee Joint & Several liability was fully and legally claimable by the bank, IBAS was totally objective and factual with our member. Defending a bank’s claim up to judgment where a defence does not exist will incur extra legal costs.
Those extra costs are inevitably added to the debt itself and that may mean the family home is lost as a result.
IBAS strongly advised our member to limit their exposure to the bank’s claim and to protect their position.
The member agreed and IBAS started negotiations with the bank’s solicitors. IBAS continued negotiating with the bank’s solicitors on our member’s behalf and advised our member at what level settlement should be aimed.
Director ‘A’ settled after IBAS advice. Any Director facing demand for payment from a director's personal Guarantee debt liability or debt claim should note that based on these figures which were calculated up to Judgment, that - IBAS provided Director A with exceptional value for the result that we gained for them.
Director ‘B’ & Director ‘C’ continued to defend the bank’s claim right up to judgment and due to this continued legal action further costs then arose for which they were liable.
Both Director ‘B’ & Director ‘C’ lost their defence and both Directors received Judgments against them personally for the full claim, which inevitably included the further costs and fees for continuing their defence actions. Both Judgments for debt will inevitably be followed by a Charging Order over marital homes, which will also add a further fee cost plus Statutory Interest on the debt (currently at 8% per annum).
However, if no payment is agreed to satisfy the Judgment Debt - the bank may also apply for an ‘Order for Sale ’ of their property. That would require the bank to satisfy the court that this is the only way to obtain payment in order to ‘discharge’ the Charging Order and would also be the additional ‘sting in the tail’ for those continuing to defend where real defences do not exist.
Summary of results:
Director ‘A’ received IBAS's individual and specialist professional advice. IBAS advice proved to be the most effective strategy - for Director ‘A’ that meant not only did they save a lot of money - but also:
Director ‘A’ had the stress and worry of the bank’s claim against them removed.
Director ‘A’ does not have their home at risk from any attack by the bank from the PG claim.
Any Director facing demand for payment from a personal Guarantee debt liability should note:
IBAS provided the best strategy to obtain the best result for Director 'A' on the banks directors joint and several personal guarantee debt claim demand and IBAS value to Director ‘A’ in this case was exceptional.
Director 'B' & 'C' both face a much larger debt and and Director 'C' also paid their own solicitor's costs and fees.
Judgment against both Director 'B' and 'C' means they both face a debt of £70k more than the settlement figure achieved by IBAS for Director 'A'. They also face extreme pressure after Judgment with a very uncertain and stressful future.
The facts from this case prove that IBAS's individual and specialist professional advice and strategy is extremely effective for business banking claims and Director’s Personal Guarantee ‘calls’ or debt claims and it could ‘tip the scales’ for you.
IBAS 'case work' experience since 1992 has shown us how banks operate. IBAS has very specialist knowledge, gathered from IBAS investigations of business banking account disputes over time and all IBAS knowledge and experience is used on each 'case' we accept for investigation - no other organization has either our experience or our knowledge.
Bank debt recovery officer's training and legal knowledge at debt recovery provides banks with a legal and psychological advantage.
Business Customers have little knowledge of a bank's debt recovery strategy or how it operates.
Particularly, when the customer is attempting to 'negotiate' themselves using the telephone.
Once they have them on the phone, Bank debt recovery officers are trained to control conversations with customers.
The customer is immediately placed under pressure and at disadvantage as the bank's debt recovery officer takes control of the conversation to obtain what they want - which is information to use against the customer.
They are not employed to 'advise' the customer - they are employed by the bank specifically to protect the bank and get money from the customer.
Bank debt recovery units are very skilled in defending the bank's position and trained to use their legal knowledge to prevent a defence arising at an early stage in the bank's claim.
That is why their first priority is to obtain the customer's asset/income information.
Immediately, they are provided that information the customer is under pressure for payment regardless of any disputes or complaints which may have been previously raised.
Information from those we have assisted since 1992 show that other advisors, solicitors and also the FOS carried out very limited or basic checks on business banking complaints.
Basic checks cannot identify customer defences, allow debt reduction or eliminate a debt being claimed.
It’s clear that other advisors provide advice andoutcomes without the necessary facts.
Not obtaining all necessary facts will disadvantage or destroy the bank customers claims or case.
IBAS standard practice since 1992 has been to investigate bank customer’s business banking account disputes in depth – other advisors do not.
BBC Testimonial for IBAS at: Your Money Not a moving account
IBAS has featured on BBC TV, BBC TV News, ITV News, Meridian TV and Sky TV News since 1992 and contributed banking editorials and business banking articles for the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.
Independent Banking Advisory Service (IBAS) - 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, business bank accounts, business banking contracts, business banking account facilities and business banking debt recovery information has been instrumental in our member's success.
Last modified: 21st June 2021