Established in 1992
Director’s Personal Guarantee complaint through Financial Ombudsman Service
Personal Guarantee Debt Claim? Director's bank personal guarantee? Have you received a business banking personal guarantee debt claim as an ex company director or partner? Want to defend bank's legal claim on your home?
We believe IBAS is the most economic, professional, confidential guidance and direct assistance organisation available for UK Business banking problems and disputes, up to and including litigation. IBAS has provided advice on director's personal guarantees and guarantee guidance to those who have emailed us with case information since 1992. If you have a banking personal guarantee debt claim email IBAS now.
& also see: Update to FOS News below
If your business was forced into Lloyds Bank Business Support Unit, Royal Bank of Scotland/NatWest bank/RBS Global Restructuring Group (GRG) unit or HSBC Specialized Lending Unit - we know how they operate and how false defaults are engineered - lawyers do not have that specific experience or IBAS knowledge from such cases. It is also now documented that Mandatory referrals and transfers to such units were required by those banks and that any 'breakdown' of the customer relationship (whether engineered by the bank or not) was used to refer businesses to such units and that even the questioning of bank charging by the business was enough to 'trigger' the bank moving that business to what are effectively 'debt recovery units' and building up penalty fees and charging rates to drive up the debt then being claimed - so contact IBAS with your case details and let us know whether your company is still trading - or been forced into insolvency by the bank.
Business Support Units, Specialized Lending or Specialist Relationship Managers are all terms used by the banks for those individuals specifically employed by the bank to 'rip off' businesses by forcing or 'triggering defaults' - which forced businesses into insolvency situations, where the bank could then plunder the cash flow and assets and then having brought the business to it's knees 'follow on' to demands and then enforce on Director's Personal Guarantees to take their homes.
Director's Personal Guarantees for Bank Business Debts or banking debts for Limited Companies allow the bank to claim a debt is owed personally by the personal guarantor if the business fails or the Limited company cannot pay the debts claimed by the bank's demand. It is not enough for a personal guarantor to resign from the 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 directors or partners. If you need to have a release/discharge/end/finalize or 'determine' a personal guarantee you will require specific advice to make sure the Personal Guarantee is no longer 'relied upon' by the bank.
Whilst the UK Banking Industry was plundering Businesses and their personal assets little was done to prevent it by Regulators or Government - both turned a blind eye to suggestions that the UK Banking Industry was plundering Businesses and their personal assets - although that behavior has been evident at IBAS for more than the last decade and reported to both.
Profiteering by banks has been recently documented by BBC and others in highlighting 'specialist' banking units set up specifically to profit from business distress.
IBAS aim to obtain all banking information which we know is necessary to assess legal arguments - against existing case law. But, probably the the major benefit for you (if IBAS accepts your case) is that IBAS 'get between you and the bank' whilst information is gathered and that takes the pressure off you whilst IBAS lay the 'groundwork' for what could be another successful bank business debt claim demands defence. But, first we preserve any defences which then exist. IBAS has assisted many in cases which have been won after litigation in the County Court, High Court and the Court of Appeal.
IBAS experience and knowledge is extremely important to support any corporate or business banking customer in any banking dispute.
As one of our members stated: " 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
FOS Update - December 2018
See IBAS Response and feedback to the FCA on SME as Users of Financial Services and also the complaint (provided with it) alleging an ex RBS senior manager 'decided' an RBS/NatWest FOS case in favour of RBS/NatWest whilst he was employed as an Ombudsman.
Whilst we note the IBAS response was well down and 'buried' (in the 200 pages) to the FCA's credit IBAS response was published by the FCA and IBAS will provide a copy of the IBAS response to the FCA to those who email and request it from us.
From 1st April 2019 the FOS will have new rules for SME Banking Complaints which will include many more SMEs
FCA confirms greater access for SMEs to the Financial Ombudsman Service - The changes will mean that SMEs with an annual turnover below £6.5m and fewer than 50 employees, or an annual balance sheet below £5m will now be able to refer unresolved complaints to the ombudsman service. Under the ‘near-final’ rules published today around 210,000 additional UK SMEs will be eligible to complain to the ombudsman service. - FCA - 16th October 2018
Currently the FOS Business Banking Dispute complaints position is as FCA Press Release on 16.10.18.
Regarding: The Financial Ombudsman Service - Personal Guarantee Debt Claim disputes - Have you complained to the bank already about the Personal Guarantee debt they are now claiming from you? - got nowhere?
Frustrated and annoyed? The bank will (in their Final letter) suggest you take your complaint to the Financial Ombudsman Service (FOS) - that is low cost and looks interesting and (you may think) even reasonable.
But, unfortunately, the bank 'lead you' to where they know your complaint will fail - where Personal Guarantee debt claims are involved once Bank Personal Guarantee Debt Claims are mentioned in a complaint to the FOS, the FOS then becomes more interested in rejecting the Personal Guarantee complaint.
All Personal Guarantee complaints to the FOS are met with the same response of: 'your complaint cannot be considered' - stating they are 'outside their (FOS) jurisdiction' - that is regardless of the actual merit or the content of those complaints - 12th January 2018.
The above position may change and IBAS will be providing input and a response to the FCA on this 'issue' - so if you have been recently to the FOS and been rejected or are wanting to raise a complaint through the FOS then please provide us with your details/information:
The ﬁrst questions in your mind when you receive a demand on your personal guarantee has to be is the personal guarantee valid or the bank's demand valid? Possibly your next question will be can this personal guarantee be contested in any way & if so how?
You can 'ask around or go on forums' but what you will be 'told' may not be accurate or up to date - if you ask IBAS they will be 'up to date' and already working on cases just like yours.
If you ask the FOS for advise they will not advise you on your complaint - that is not their job - their job is to make a decision on whether they can assist with your complaint and if they can obtain information to either find for you or against you.
However, an FOS 'investigations' is limited to a 'tick box enquiry response'. Many business banking complaint cases are not investigated at all - that is because the bank (knowing exactly how the FOS works) will prepare their response very carefully in their 'Final Letter' which they know the FOS will rely heavily upon when making their finding.
Also, whilst the FOS leaflet states the FOS seek your complaint explanation 'in your own language' and that you do not require assistance and that they do not penalize individuals making their own complaint to the FOS. The reality is that the FOS will then 'question' your complaint and ' turn it' into their language which may not reflect the actual complaint you are making but may assist the bank.
The FOS cases which do not properly target the correct complaint/s are thrown out by the FOS in favour of the bank because the bank has carefully prepared their response with the aid of their legal team. Therefore, an individual making any business banking complaint to the FOS is distinctly at a disadvantage if they do not obtain advice first on how their complaint should be focused.
IBAS can assist you by using our experience of the FOS and how they operate. If you want to make a business banking complaint of any type to the FOS, IBAS assistance and advice will make sure you have the best chance of success - email IBAS with your 'draft complaint' to obtain our 'feedback'.
Banks seek security for lending in many ways but the PG is the easiest and the simplest for a banker to take (and the least resisted by the customer) particularly when bankers have not been truthful and stated: 'itʼs only a piece of paper' or 'the bank will never rely on it' or when security on the home is being taken - the well used phrase of: 'don't worry we will never take your home, even if the business fails'.
Director's Personal Guarantees is an area in which IBAS has been ʻworkingʼ since 1992. Whilst bankers are very well aware of the legality of the signed Personal Guarantee (their banking exams specifically cover all aspects of taking valid security for the bankʼs beneﬁt) and also how the bank will enforce on it later when required - it is often the ʻsellingʼ of a personal guarantee for a business which has been ʻmiss statedʼ by bankers in their quest to obtain the maximum security for their lending or in meeting loan/account/security targets.
IBAS investigation on such business banking matters focus on obtaining 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.
Director's personal guarantee demand debt claim? Joint & Several Guarantee debt claim? Debt from Director's Guarantee? Seeking advice on director's personal guarantee in UK?
Thinking of making a complaint to the Financial Ombudsman Service for a director’s Personal Guarantee debt claim?
Do you want to know how best to deal with the bank?
In 2017 we commented: The opportunity for making a Director's Personal Guarantee debt claim complaint through the FOS is no longer available because banks have played the 'jurisdiction card' to block such complaints being investigated by the FOS - of course once the bank disputes FOS 'jurisdiction' the FOS immediately refuse to act further on those complaints.
We have seen a number of such complaints being 'thrown out' by the FOS and clearly that 'no cost door' has been closed. - The FOS position has now in 2018 become worse ( see above comments).
IBAS 'case work' experience since 1992 has shown us how banks operate. IBAS has specialist knowledge, gathered from IBAS investigations of business banking account disputes over time and all IBAS knowledge and experience is used on your 'case' - no other organization has either our experience or IBAS knowledge base of information gathered from over 27 years of IBAS 'case work'.
Once they have them on the phone - Bank debt recovery officers are highly trained to control conversations with customers and they are trained well and their legal knowledge at debt recovery provides banks with a legal and psychological advantage. That is particularly true when the customer is attempting to 'negotiate' - over the telephone. It is not an ordinary conversation and 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 all information to use against you.
Debt Recovery Officers are not employed to 'advise' the bank's customer - they are employed by the bank specifically to protect the bank and to obtain the money they have claimed from the customer.
Customers have little knowledge of bank's debt recovery strategy or how they have been trained or how it all operates but Bank debt recovery units are very skilled in defending the bank's position and are trained to use their legal position and knowledge to prevent bank customer defences arising at an early stage in the bank's claim against you.
That is why lenders seek as a first priority your asset/income information.
Immediately, the bank/lender is provided with a completed income/expenditure the customer is placed under pressure for payment regardless of any dispute or complaints which may have previously been raised. The logic is simple - why would any bank customer complete an income/expenditure schedule for the bank if they do not owe the money the bank has claimed?
See: What you should not do if you receive a bank demand for payment on a personal guarantee
IBAS has obtained in excess of £21 million in refunds, write-offs and write-down of bank debt from our investigations of UK Business Banking Disputes (at the time we stopped 'counting' some years ago) and we 'stopped counting' because for any individual it is only their business banking dispute and their business banking problem which matters. That is not too surprising as it's their personal assets which are at risk from the bank's 'plundering' when their business fails and Director's Personal Guarantee is then 'called' for payment by the bank.
IBAS business banking dispute negotiating experience and proven strategy provides claims and defences for business bank customers. IBAS has featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and in Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror editorials.
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: 17th March 2019