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Personal Guarantee, Personal Guarantees - Demand for Payment

 

Directors UK Bank Personal Guarantee Debt Claim Demands and the IBAS Christmas Warning Post

Christmas 2019 is fast approaching and Banks will use their normal 'holiday' strategy on legal claims.

  • That means they will be already preparing their Christmas legal claims.
  • Many are prepared deliberately to drop through your letterbox just before 'close of business' on Christmas Eve.
  • Getting 'advice' for a Director's Personal Guarantee Debt Claim around Christmas and New Year is extremely difficult.
  • Banks know that - whilst they have easy access to solicitors at all times their customers will not.
  • Between Christmas Eve 2019 and 2nd or 3rd January 2020 is a normal holiday period for most in the UK.
  • Therefore, good strategy (although extremely unfair) for banks to issue a claim ready for 'service' on Christmas Eve.
  • The 'service' on you will be deliberately timed for maximum effect for the bank's benefit.
  • The legal clock starts ticking once a claim is 'served' which puts the customer under extreme 'time' pressure.

Losing 10 days in the Christmas - New Year period doesn't help those with legal claims obtain help.

  • Banks know that customers will be forced to react - which means many customers will also attempt a DIY response.
  • Banks love DIY responses, as they know they will normally lead to the bank obtaining an 'easy judgement'.

OR

  • The customer just doesn't react at all and judgement is obtained by the bank by default.
  • DIY responses miss possible defences which are effective legal arguments to avoid 'strike out'.
  • We would suggest that anyone with a bank claim 'lurking' against them - obtains help.
  • Do not  get 'rushed' into answering a bank's legal claim without any help at Christmas.

Drop IBAS  an email and we will explain what can be done.

 

Banks and Bankers do not 'play fair'! IBAS protects you from the bank's often hostile intentions and actions.

Banks produce documents they will rely on for their legal claim on you - it's vital to know which documents they will hide.

 

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The Bank’s Final letter for your business banking dispute complaint & business complaints to the Financial Ombudsman Service (FOS)

It is a fact that all banks spend considerable time and effort 'drafting' their Final response letter to the customer on complaints because they know that their Final Response letter is designed to persuade the Financial Ombudsman Service (FOS) to their position. By that time the bank’s customer services/complaints department will have already extracted all your information from you for their benefit by questioning you and then they will have dismissed your complaint/s.

Bank Final response letters are drafted and written by legally trained bank staff who are communicating with the FOS daily and are therefore completely aware of FOS decision making.

The Financial Ombudsman Service staff are aware that bank Final response letters are prepared by legally trained bank staff and the bank’s Final response letter will influence the FOS ‘investigator’.

Bank customers may believe their business banking dispute complaint/s will get a fair hearing by the FOS and from reading the FOS website may also be misled into believing that it is ‘easy’ to make a business banking complaint through the FOS.

However, banks possess very distinct advantages, which include legal knowledge, long experience of ‘complaint casework’ and know what is effective (for the bank). Banks also know how the FOS 'thinks' as they communicate regularly with the FOS by telephone.

The Financial Ombudsman Service do not calculate bank accounts to provide an independent calculation where they are required. The Financial Ombudsman Service will rely on bank methodology and bank calculations when dealing with a business banking account dispute.

The bank's Final letter allows you 6 months to make a complaint to the FOS.

see very poor 2019 - Trust Pilot Reviews for Financial Ombudsman Service


What will the Independent Banking Advisory Service (IBAS) provide you for your business banking dispute complaint which the Financial Ombudsman Service (FOS) will not?

IBAS will carry out fully independent investigations of business bank accounts based on the customers complaint and will provide fully independent calculations with a report which can then be relied upon to evidence incorrect charging, bank errors and overcharging.

Historical banking account errors/bank charging mistakes and bank overcharging claims evidenced by IBAS account investigations and calculations enable effective business banking account complaint progression. IBAS has been calculating business bank account and overcharging complaints since the mid 1990's

IBAS account investigations enhance the customer's complaint with substance to evidence bank charging errors to the customers advantage.

IBAS will investigate business banking disputes which IBAS 'take on' and progress for the customer.

IBAS reports can then be relied upon for any business banking dispute which IBAS has accepted.

IBAS investigate Director’s Bank Personal Guarantee dispute complaints and assess all other security documents held by the bank for lending purposes to establish the facts and historical positions. Specific advice on business banking account/s disputes and further actions required are provided by IBAS once our investigations conclude.

Information from those we have assisted since 1992 show that other ‘advisors’, solicitors & 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 and ‘outcomes’ without necessary facts. That disadvantages or destroys the customer’s ‘case’. IBAS has a long established standard practice for investigating bank customer’s business banking account disputes in depthother ‘advisors’ do not do so.


Email IBAS

 

IBAS was the first in this field and remain the best.

 

IBAS website was launched in 1998 to help UK businesses with business banking disputes.

(see BBC Testimonial for IBAS in 1999) at:

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

 

Directors Personal Guarantee Debt Claim Demand - Solutions - If you have been asked to pay a demand because the bank forced your business to close down or the banl removed the business account lending you will require specialist independent guidance to determine if the Director’s Personal Guarantees you had 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.

IBAS has specialist knowledge (from IBAS investigations into UK business banking account disputes since 1992) - no other business 'help' organization has IBAS experience or knowledge to produce the best results for you in contesting a bank Director's personal guarantee debt claim demand or business banking debt claim.

 

IBAS experience has proved to be the deciding factor in effective and sometimes almost miraculous settlements for business banking customers.

In our experience it is unwise to use any solicitor in the early stages of a bank demand - as doing so will not only prove very expensive but also counter productive on costs as solicitors being instructed in the early stages of a business bank debt claim or demand inevitably mean the bank will instruct their legal advisors immediately - which can provoke an early escalation to a legal debt claim plus costly legal fees.

There are considerable cost benefits in using IBAS in any business banking dispute - IBAS know how to obtain all information necessary from banks for defence or claim purposes and IBAS will examine case papers with a specialist and experienced 'eye' which prevents very costly solicitor's charges or the requirement for a barrister in 95% of cases.

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.

You may be a Director, Partner or Proprietor with a UK business banking dispute and you will seeking fully independent advice, guidance or help and expect knowledgeable banking experts with effective experience, who will know from their experience how best they can deal with your banking dispute at a ʻvalue for moneyʼ cost.

IBAS is what you are seeking because IBAS was established in 1992 and is totally independent. IBAS business banking investigations have been the ʻcorner stoneʼ in the many successful IBAS cases and resolutions over 26 years and from our ʻcase workʼ and also the many meetings with Bank Debt Recovery teams we know just how much information banks hold when they demand payment for business banking debt claims or directorʼs personal guarantee debt claims.

Our first priority in any business banking ʻcaseʼ is to obtain all information from a bank which is necessary to determine the strength of the bankʼs claim on the customer. That first priority is the same whether it is a business banking debt in dispute or a debt claim after a business failure where the bank seeks payment from a personal security. Personal security may be by from a bank guarantee or directorʼs personal guarantee. Any personal guarantee may also be ʻsupportedʼ by a bank mortgage on an individualʼs personal property which may be either jointly held as security with others or severally held.

We have found from experience that early ʻpaperworkʼ available in many cases for an assessment is limited, as business owners, directors or partners do not have copies of important documentation on which we know the bank will rely.

We have also found that business bank customer in business difficulties ʻtalkʼ to their bank, thinking that it may ʻrelieve pressureʼ on them but without the awareness that their call will be recorded and may then also ʻtriggerʼ default for any borrowings.

Those in business banking disputes are also rarely aware of how the banking debt recovery system operates or how devious bank recovery officers can be in seeking their first priority - payment of the debt - regardless of the customerʼs dispute.

That is why we would never suggest that any business customer in dispute with the bank telephones them to ʻdiscussʼ any matter. If you wish to talk to somebody - talk to IBAS or email us with your concerns and we can guide you.

 

 

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IBAS provides experienced specialist and practical advice 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 the only UK non profit organization which provides business banking customers with specialist business banking assistance and specialist business banking guidance and also 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

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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 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 provided him 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.

IBAS has been 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,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: 16th November 2019