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Independent Banking Advisory Service 

Established in 1992

 

 

 

Personal Guarantee, Personal Guarantees - Demands for Payment

 

Directors Personal Guarantee Debt Claims - If you have been asked to pay a demand because the bank forced your business to close down or removed the business account lending you will require specialist independent guidance to determine if the Director’s Personal Guarantees you signed before those events can be contested or now used against the bank’s claim on you.

A personal guarantee is an agreement made between an individual or individuals which means that if they act as a business director they then take a level of responsibility for their company's debts in the event that they cannot be paid back by the business or company itself. If a claim is made under the personal guarantee, the director will be liable to pay the company's or businesses debt and the partner, proprietor or company directors' personal assets may be at risk as they become liable for the relevant business debt that is covered by the guarantee.

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.

 

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

 

See sample of IBAS Testimonials

 

 

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

- See latest on IBAS member's case with Lloyds Bank:

 

Key Lloyds Business Support Unit documents set to be uncovered in High Court Case - Key documents surrounding Lloyds Business Support Unit (BSU) are set to be revealed in a £55m legal battle with a motor dealership that has accused the bank of forcing it out of business. Leeds-based car dealer Premier Motorauctions has accused Lloyds and accountants PricewaterhouseCoopers (PwC) of conspiring to force the business into administration and then profit from its sale. In a court hearing on Monday, Lloyds agreed to search for a copy of its three year plan after a memo likening the BSU to the Royal Bank of Scotland's (RBS) highly criticised global restructuring group (GRG) was revealed last week. The three-year plan is thought to contain language similar to that used in RBS's 'Dash for Cash' manual, in which Lloyds's objectives were listed as the “doubling of income” and “moving from ‘defenders to strikers’'. - 6th March City A.M.

Lloyds and PwC face £55m court case from motor dealer who says the firms forced it out of business - Lloyds Banking Group and accountants PwC face a £55m legal battle with a motor dealership which will allege they colluded to force it out of business. Yorkshire-based Premier Motor Auctions will argue Lloyds used its Business Support Unit as a profit centre to extract money from struggling firms, according to the Sunday Telegraph. Premier, led by chief executive went bust following a failed sale of the business in April 2008. The firm will allege it was the victim of a plan to push bank staff to increase profits as the financial crisis hit. - 25th February 2018 - City AM

 

Bank threats for successful SMEs and their owners/proprietors is identified in Hansard

 

see: Hansard debate on Premier Motor Auctions at 11am . This is an 'ongoing' case for an IBAS member which has now reached the courts with a claim against both Lloyds and also PwC. His MP's address is from column 212WH to column 219WH - which provides his MP's concerns on conflicts of interest and which quotes IBAS views on our member's case. - Contact IBAS to see how we may help you

 

Premier Motorauctions Ltd & Anor v Pricewaterhousecoopers LLP & Anor [2016] EWHC 2610 (Ch) (24 October 2016) - HIGH COURT DENIES SECURITY FOR COSTS APPLICATION BECAUSE CLAIMANT HELD ADEQUATE ATE INSURANCE - Snowden J handed down judgment on PricewaterhouseCoopers’ application for security for costs in Premier Motor Auctions Limited v PricewaterhouseCoopers (2016) EWHC (Ch). Snowden J suggested that the independent and professional nature of insolvency practitioners, combined with their personal liability, indicates that ATE insurance arranged by them (as in importance of ATE insurance market and acknowledged that there "is a public interest in permitting ATE insurance on appropriate terms to provide access to justice for insolvent companies under the control of responsible insolvency office-holders".

Elliott v Lloyds TSB Bank Plc & Anor [2012] EW Misc 7 (CC) (24 April 2012) This Claim arises out of data subject access requests (“SAR”) made by the complainant to the Defendants, Lloyds TSB Bank plc (“Lloyds TSB”) and Lloyds Development Capital Ltd (“LDC”), on 2 August 2010 pursuant to s.7(1) of the Data Protection Act 1998 (“the 1998 Act”). where he alleges that the Defendants had failed to comply with his SARs and originally sought an order from the Court that they comply pursuant to s.7 (9) of the 1998 Act

 

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IBAS provides experienced specialist and practical advice to IBAS members on how best to deal with and control the bank’s ‘collection’ activities after demand of the debt has been made on a Director’s Personal Guarantee. What can you do and how best to do it? Can you 'get out of the personal guarantee' - is it possible to do so? Can you dilute your director’s personal liability under a bank’s director personal guarantee debt demand? Those questions have been asked in cases where IBAS investigate bankers and the bank actions.

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.

IBAS members are guided on all matters which may be raised in the course of their membership such as: Bankruptcy, Codes of Conduct issues, Company borrowings - which are now threatening the business owner’s home, Bank enforcing bank demands, Joint and Several Liability debts and Guarantees - how will that alter individual claims, penalty or overcharged interest, Charging Orders, Orders for Sale, Payment obtained from property equity, Full & Final settlements, phased payments and many others. It is a normality that many of our members will have homes on which the bank can ‘see’ available equity - which the bank will know they can leverage by their actions to obtain payment of their debt claim/s. IBAS investigations centre on finding the facts with which we can best protect our member’s interest and their homes.

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'I found IBAS to be Impressive & professional with no nonsense. I followed IBAS strategy totally and the result was spectacular. Thanks for putting my life back on track and saving me a bucket load of money - I cannot thank you enough. I would now start with IBAS and ignore all the others who are 'selling' an imitation of these guys but without IBAS knowledge! - AT November 2016

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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 evidenced in IBAS News Archive.

If you've received a bank's director's personal guarantee debt claim demand IBAS should be your first call. We know that bank debt recovery departments prey on your fears and we all tend to not act logically if we are scared. With a personal issue, we also act even less logically. That means bank recovery unit's 'scare tactics' work very well to obtain what they want - which is a quick payment proposal or offer to pay. But, instead of telephoning the bank you should be seeking experienced help first and on the claim being made - IBAS can help you to 'control' the bank's 'claim' whilst also investigating all the issues.

The first question in your mind when you receive a demand on your personal guarantee will probably be is the personal guarantee valid? or maybe your questions 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.

Those are areas in which IBAS has been ʻworkingʼ since 1992. 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 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 the signing 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 and 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.

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.

 

One of our members wrote: 'I understand that so many cases are lost before they start because under threats from the bank the customer provides an offer of payment - without understanding there may be a defence to the bank's claim. Having been induced to make that offer, the bank then goes for the jugular. - DeeJay

The following statement is posted online:"The fact that IBAS have the knowledge and provide assistance in formulating the strategy, which was provided to me under membership and which provided the necessary case law ammunition and support (letters continually making the correct points) to prevent the bank gaining the upper hand (preventing me making offers which I wanted to make, just to get this case against me closed, and which would have destroyed any defence) - that strength of position then also enabled me to 'face off' the bank's threat (although the bank/solicitors knew their claim was flawed) and this strength of resistance then forced them to discontinue their action - this is all a matter of fact and something which IBAS should be very pleased about." Source

"I know that IBAS provided me with the necessary tools to defend against Barclays successfully.” - said DeeJay - Do you want the 'necessary tools' that IBAS provides to challenge a bank's personal guarantee debt claim and demand?

Challenges to Director's Personal Guarantee debt demand claims require banking knowledge and banking experience. IBAS has dealt with PG demands since 1992 and we guide members based on our experience of individual bank debt recovery units attitudes and their bank's practices. IBAS membership provides an opportunity to fully investigate director's personal guarantee demand claims for flaws. IBAS membership provides exceptionally experienced professional help from 'case' investigations on large volumes of business banking cases and director personal guarantee bank debt claims.

Bank debt recovery units are also very skilled at defending the bank's position and they will mislead or misinform you to do so. They also know how the law is used because they are trained to use their legal position and knowledge to prevent defences from arising at an early stage in the bank's claim.

Bank loans, business loans, overdrafts and mortgages can require directors or partners to provide the bank with personal guarantees or bank guarantees and many director's personal guarantees or partner's personal guarantees are provided to lenders much too easily. Spouses, other relatives, friends and business acquaintances can be 'drawn' into providing personal guarantees to a bank where they have no control over the borrowings. Often, guarantors have little or no input or control with business borrowings or the increased volume of business borrowings on which they have provided guarantees.

A hastily provided signature may prove to be a very costly error and also a very stressful experience.

 

IBAS has featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and contributed to many editorials and articles including those for the Sunday Times, Times, Daily Mail, Daily Express and Daily Mirror.

- 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 May 2018