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Independent Banking Advisory Service 

Established in 1992

 

 

Director’s Personal Guarantee complaint through Financial Ombudsman Service

 

IBAS is now in it's 26th year helping/guiding those with UK Business Banking disputes and Director's Personal Guarantee business debt claims - IBAS is the only UK non profit organization which provides business banking customers with specialist business banking assistance and specialist business banking guidance and also IBAS specialist business banking investigations.

We believe IBAS is the most economical, professional, confidential guidance and direct assistance organisation available for UK Business banking problems and disputes, up to and including litigation. IBAS experience has proved to be the deciding factor in effective and sometimes almost miraculous settlements for business banking customers. What do you require from your advisor? Tell us what you are seeking by emailing us and we will respond to you in a no obligation and confidential 'conversation'.

IBAS has specialist knowledge from IBAS investigations into UK business banking account disputes since 1992 - no other organization has IBAS experience or IBAS knowledge, which provides IBAS with 'extra' width of knowledge for our investigations (and IBAS use only) in assessing investigation strategy to produce the best results - that provides you with extra and better 'options' for your bank personal guarantee debt claim demand.

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.

Don't expect any assistance from the FOS - as whilst profiteering by banks has been documented recently by BBC and others in highlighting 'specialist' banking units set up specifically to profit from business distress - that behavior has been evident at IBAS for more than the last decade with little being done to prevent it by Regulators or Government who both turned a blind eye to suggestions that the UK Banking Industry was plundering Businesses and their personal assets.

IBAS investigate such cases individually in order to identify defences and claims which may be brought by the customer and if possible obtain litigation funding.

 

IBAS has helped a great many with their business banking problems and disputes since 1992 - Contact IBAS now to see how we may help you

 

Or telephone (during office hours only) on 01487 843444 for confidential conversation

 

IBAS aim to provide good specialist advice and resolution before litigation if possible but if IBAS is involved immediately after demand for payment by a bank, our aim is to gain all information which we know is necessary to assess legal arguments - against existing case law. IBAS lay the 'groundwork' for successful defences or banking claims by first preserving any defences which then exist and yes, we 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.

So, IBAS experience and knowledge will be extremely important in supporting any business banking customer in dispute with their bank.

After 25 years of investigating business banking cases we know nobody can claim they have a 'formula for guaranteed success' on business bank debt claims. But, knowing what can be achieved from IBAS strategies developed and finely tuned since 1992 - means that IBAS can 'shorten the odds' to success with your claim.

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

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:

 

Contact IBAS for help

 

The first questions in your mind when you receive a demand on your personal guarantee will be is the personal guarantee valid or the bank's demand valid? Maybe your next question is can this personal guarantee be contested in any way & if so how? 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: ʻitʼs only a piece of paperʼ or ʻthe bank will never rely on itʻ or when security on the home is being taken - the well used phrase of: ʻdonʼt worry we will never take your home, even if the business failsʼ.

Director's Personal Guarantees is an area in which IBAS has been ʻworkingʼ since 1992. We have found through our investigations that what was said before the personal guarantee signing is probably the most contested ʻbanking relationshipʻ dialogue. We do not think there is any mystery to that. 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 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?

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 response to enquiry after the Financial Ombudsman Service had been used previously for a Director's Personal Guarantee Debt claim ‘call’ - is shown below:

"You say in your enquiry that: 'the bank have lied blatantly to the court stating that I was an experienced company director and my husband’s also an expert in company matters – but I have only ever run a very small business and my husband is in IT. The Financial Ombudsman Service was only interested in the fact that I had signed a guarantee - so they said I should pay the guarantee - they wouldn't consider anything else I had said.'

If you've read our web site you will be aware that that is what banks do - and the FOS decision is what IBAS would have predicted. That is because from our experiences any ‘investigations’ by the FOS are extremely limited and the FOS actions (or inaction) serve the bank’s purpose well.

Had you come to IBAS some time ago (and before the Financial Ombudsman's' final decision was made) we might have been able to properly argue your case and establish a defence and to argue it correctly but IBAS needed to be involved before matters reaches the stage you have reached now. You are now facing a ‘summary judgment’. Once the court judgment is provided the bank will seek a charge over your property and exert further pressure which may be by an ‘order for sale’ by the bank for payment of the debt then owed to them."

IBAS know what is possible and also know how it needs to be done for the best results to be gained. Equally we know how easy it is made for the banks when individuals do 'DIY defending'. Unfortunately, you have now found to your miss fortune that when you defend against a bank you need much more than a DIY complaint to the FOS and also that banks don't 'fight fair' - IBAS already had that information (in 1992).

IBAS start with that knowledge and work with that knowledge at all times on every case. IBAS was formed to provide business banking customers with our collective experience which has been gathered since 1992 from the many IBAS banking case investigations. Everything we have gained is used in helping IBAS members win or negotiate their cases to a conclusion.

IBAS provides members with very specialist knowledge and experience. Unfortunately, by using the Financial Ombudsman Service and by ‘DIY defending' you have helped the bank to win their case against you. Because of that you have now lost any opportunity to deny or argue against the summary judgment because the Financial Ombudsman Service has already ‘found’ for the bank and that will be used against you.

Inevitably, that means a judgment in the bank’s favour plus all extra costs and interest (and the ‘extras’ alone will cost much more than any IBAS membership would have cost) but most importantly all opportunity has now been lost to negotiate the amount claimed by the bank.

Sadly, your actions have left nothing with which to argue or negotiate your position. You are now at the 'mercy' of the bank. As there is nothing left with which we can assist you it also means it is now too late for IBAS to become involved."

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 25 years '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' you - they are employed by the bank specifically to protect the bank and to obtain the money they have claimed from you. 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 defences from arising at an early stage in the bank's claim against you.

That is why lenders seek your asset/income information as a first priority.

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.

Their 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?

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 excellent banking investigation reputation and has also featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and in Sunday Times, Times, Daily Mail, Daily Express and Daily Mirror editorials.

 

see Business: Your Money Not a moving account  - BBC 22/07/99

 

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: 19th August 2018