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Established 1992

 

Personal Guarantee, Personal Guarantees and Indemnity guidance

 

Company directors receiving a demand on a director's personal guarantee bank debt claim should seek specialist independent guidance immediately - an email to IBAS will allow you to obtain specialist guidance.

 

A Joint and Several demand on a director's guarantee debt claim does not mean sharing the amount claimed.

 

Are you prepared to defend the bank's claim?

 

Can you afford a solicitor - costing many thousands?

 

We have assisted many LIP's to obtain a better result after IBAS investigations.

 

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 or businesses debt and the partner, proprietor or company director personal assets may be at risk as they become liable for the business debt covered by the guarantee.

 

Personal Guarantees on Bank Business Debts or business banking debts or disputes 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 on the bank's demand.

 

It is not enough for a personal guarantor to resign from the company and 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 experience has proved to be the deciding factor in effective and sometimes almost miraculous settlements for business banking customers.

 

The question when you receive a demand for your director's personal guarantee should be is this personal guarantee valid?

 

or can this director's personal guarantee be contested in any way?

 

Who best can help you?

 

IBAS is completely independent.

 

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

 

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

 

IBAS is not compromised in any way by Banks or other lenders.

 

IBAS provides professional confidential advice

 

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

 

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IBAS has investigated a great many directors personal guarantee cases since 1992.

 

Directors 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 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 of the family property will then prevent the lender charging against or issuing a possession order or order for sale on their home after judgment.

 

But, in our experience 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.

 

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.

 

 

IBAS coaching and tactical guidance is available for IBAS members.

 

 

TM stated

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 and specialist individual business banking advice and specific assistance to members.


How can we help you? - email your 'situation' to IBAS

 

 

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We have been investigating business banking cases since 1992 and we know what can be achieved using IBAS strategies.

 

If you are being asked to sign an indemnity with a directors personal guarantee now - check with IBAS first before you sign.

 

If you have already signed into a Director's Personal Guarantee with an indemnity make sure you FULLY understand what that means for you - if your company cannot pay the bank later.

 

IBAS provides experienced specialist, practical advice on how best to deal with and control the bank activities after demand of the debt has been made on a Directors 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 personal liability under a bank director personal guarantee debt demand? Those questions are always being asked where IBAS investigate bankers and the bank actions.

 

 

BBC Testimonial for IBAS at: Your Money Not a moving account  

 

 

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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 Testimonial

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IBAS business banking dispute negotiating experience has a proven strategy which provides claims and defences for business bank customers.

 

The following statement is posted online by one of our members: I know that IBAS provided me with the necessary tools to defend against Barclays successfully. - DeeJay Testimonial

 

I want to give hope to others that may be going through what Barclays Bank put me through for over 4 years (2005-2009) - now I have no fear of them - what was at risk to me was a great deal, my home and my career ( I am in financial services and any judgement against me would have ended my 30 year career within the financial services industry).

 

The bank would have taken it all, despite them knowing they had a flawed claim. I joined IBAS (Independent Banking Advisory Service) as soon as Barclays sent me their opening gambit letter. This was the only fee I had to pay throughout my fight against Barclays. - DeeJay

 

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. Apparently I am one of a very small band of successful litigants, which I wouldn’t have been without IBAS behind me.

 

and

 

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

 

The bank customer comments above all illustrate just how dangerous Director's Personal Guarantees are for those who have signed them.

 

 

 

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

 

 

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 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: 12th May 2021