IBAS - Independent Banking Advisory Service 

 

 

 

 

 

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Director's Bank Personal Guarantee

 

 

 

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Director’s Personal Guarantee complaint through Financial Ombudsman Service

 

IBAS normally investigate matters in the 'window' between the bank's final letter and the date for the FOS complaint to be made i.e. before the FOS is involved.

 

That 6 month period allows IBAS to fully investigate the dispute and obtain the necessary documents to enable us to be certain of the details which the bank will use in chasing the customer for payment on a Directors bank personal guarantee debt claim.

 

 

We investigate Directors Bank Personal Guarantee Disputes and Bank Debt Claims and can help defend bank legal claims on directors bank personal guarantee debts - avoid personal guarantee judgment

 

In 2002 IBAS had already obtained in excess of £21 million in refunds, write-offs and write-down of bank debt from successful investigations of UK Business Banking Disputes and complaints since 1992.

 

 

If you are seeking to 'control' your future but have just received a claim for a banking debt liability from a limited company guarantee or a debt claim demand from a director's personal guarantee

 

Contact IBAS we can help

 

Directors-Personal-Guarantee-request-copy-from-bank

 

 

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IBAS has investigated a great many director's personal guarantee bank cases since 1992. Director's Personal Guarantee bank facilities, agreements and debt claims resulting from lending facilities are rarely simple and can be extremely complicated. We have found that quick or easy answers at the enquiry stage are only possible where the case has already been lost or defences compromised.

 

Signing into a Director's Personal Guarantee and Indemnity is intended to expose the guarantor to a legal claim on their assets by the lender if their Demand for Payment on the borrower is not or cannot be paid.

 

That is the Lender's intention when seeking a Director's Personal Guarantee with an Indemnity.

 

Many Guarantors believe that having a co-owner for the family property will prevent the lender charging against or issuing a possession order or order for sale on their home after judgment.

 

Lenders obtain a judgment for debt so that they can 'take' any personal assets which are not legally protected.

 

Therefore, a part owner or co-owner of a property will not prevent any claim (charging order or order for sale) on that property once judgment is obtained in court against the bank customer.

 

Our experience shows that lenders obtain all property ownership and existing mortgage details immediately their debt recovery commences – they are then able to enforce on judgments once the Judgment for debt has been obtained.

 

Whilst needing to add the warnings above - IBAS first objective is always to investigate the contract, agreements and emails between the customer and their bank and the process of obtaining or 'signing into' the Personal Guarantee.

 

Our opinion is that Litigation is the last resort for the bank customer and to prevent the early threat from Litigation IBAS involvement is necessary at the stage when the Demand has been issued by the Bank.

 

IBAS fully investigate Director's Personal Guarantee Debt Claims and that has been our standard practice since 1992.

 

Only after IBAS have fully investigated the 'paperwork' for each Director's Personal Guarantee debt claim can we ascertain whether there may be defences.

 

 

 

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IBAS is completely independent.

 

IBAS is not funded by Banks and Lenders seeking debt repayment from you

 

but most 'free' advice 'agencies' are funded by Banks and Lenders seeking debt repayment from you

 

IBAS provides professional confidential advice

and the best opportunity for success on your Bank Debt Claims.

 

 

 

TM in his IBAS Testimonial said

 

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 Testimonial

 

 

 

There is no other non - profit UK organization providing independent specialist individual business banking advice and specific assistance to members.


 

 

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IBAS provides professional, confidential guidance and direct assistance 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.

 

Personal Bank 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 in a Limited Company? Want to defend the bank's legal claim? Do you have a home to lose?

 

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.

 

IBAS 'get between you and the bank' and that takes the pressure off you - whilst IBAS lay the 'groundwork' for what could be another successful bank business debt claim demand 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.

 

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"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

 

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Is your personal guarantee valid or the bank's demand on you valid?

Can your personal guarantee be contested in any way & if so how?

 

IBAS are 'up to date' and already working on cases just like yours.

 

Cases submitted to the FOS which do not properly target the correct complaint/s are thrown out by the FOS or in favour of the bank because the bank has carefully prepared their response with the aid of their legal team.

 

Business banking customers making a business banking complaint to the FOS are distinctly at a disadvantage if they do not obtain advice on how their complaint should be focused.

 

IBAS aim is to resolve a Business Banking Debt Claims before litigation and to protect the business customer's assets

 

The 'peace of mind' was worth every penny of IBAS membership.

I am now 'free' from the bank personal guarantee debt claim.

We are totally indebted to IBAS for their expertise and absolute integrity in gaining that position.

Our resolution was incredible.

We would recommend IBAS to anyone faced with a serious bank debt claim."

- Testimonial from WG

 

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Director's Bank Personal Guarantee is one area in which IBAS has been ʻworkingʼ since 1992.

Banks seek security for lending in many ways.

However, Directors Personal Guarantees are the easiest and the simplest for a banker to take and the least resisted by the customer - particularly if the bankers have not been truthful.

We have seen many cases where bankers were quoted as saying: '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'.

However, Bankers are very well aware of the legality of the signed Personal Guarantee as their banking exams specifically cover all aspects of taking valid security for the bankʼs benefit.

 

They are also aware of how the bank will enforce on it later - as and 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.

 

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IBAS 'case work' since 1992 has shown us exactly how bank Debt Recovery Managers and their 'Teams' operate.

 

We know that 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.

 

Bank debt recovery officers are highly trained to control conversations with customers and they are trained very 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.

 

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

 

They 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.

 

why lenders seek the customer's completed 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 were previously raised (and which may have provided a defence to the bank's claim).

 

The logic is simple - if you do not owe the money the bank has claimed - why would you complete an income/expenditure schedule for the bank?

 

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If you want to avoid the banking 'traps' set for you at Debt Recovery - email IBAS with your dispute information.

 

 

IBAS involvement in your business banking dispute claim at your complaint stage will enable IBAS to enhance your complaint, prepare it to best effect and present your complaint to the FOS.

 

IBAS will progress matters on your behalf - saving you time, stress and money

 

But, more importantly IBAS will advise you on what your best position will be and how best you can make the most from your complaint.

 

 

IBAS aim is always to resolve a Business Banking Debt Claims before litigation and also to protect the business customer's assets

 

We have saved many bank customers assets in the last 30 years - how can we help you?

 

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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 Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.

 

BBC Testimonial for IBAS -Your Money Not a moving account

 

 

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.

 

Modified: 5th July 2022