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Personal Guarantee, Personal Guarantees, Director's Bank Personal Guarantees

 

Directors Personal Guarantee Bank Debt Claims Dispute - 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 now require specialist advice to determine if the Director’s Personal Guarantees you signed before those events can be contested or 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 a personal guarantee, the director will be liable to pay the company or businesses debt and the partner, proprietor or company director assets may be at risk as they become personally liable for the relevant business debt that is covered by the guarantee.

 

IBAS provides experienced specialist and practical advice to our members on how to deal with and control the bank’s ‘collection’ activities after demand of the debt has been made on a Director’s Personal Guarantee.

 

Can you dilute your director’s personal liability under a bank’s director personal guarantee debt demand? What can you do? and how best to do it?

 

Those questions with many others have been asked many times in cases where IBAS investigate bankers and the bank’s action/s when taking a director's personal guarantee or mortgage over the company director's or partner's property.

 

IBAS will explain and identify all the issues for you when we take up any business banking case under membership - before we can offer membership, we need to understand your case and what has already taken place and that is why we carry out a confidential email 'conversation' first.

 

 

IBAS investigate Directors Personal Guarantee Disputes and Debt Claims and can help defend banks legal claim on directors personal guarantee debt claim - avoid personal guarantee judgment

 

 

- send us details of your dispute and debt claim with specific questions for which you require answers

 

 

 

IBAS helps 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, specialist business banking guidance and IBAS specialist business banking investigations.

 

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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 provides professional confidential advice

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

 

 

 

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It’s clear that other advisors provide advice and outcomes without necessary facts.

 

That will help the bank claim but may also destroy the bank customer’s case.

 

 

 

 

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..

 


IBAS can help you - email your 'situation' to IBAS

 

 


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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.

 

If you have received a bank demand for payment of a personal guarantee you may question - is this personal guarantee debt claim demand valid? or can this claim be contested in any way - if so how?

 

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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 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 opinion is that Litigation is the last resort for the bank customer and to prevent the early threat from Litigation IBAS involvement is necessary immediately Demand is issued by the Bank.

 

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

 

 

IBAS coaching and tactical guidance on what you should not do is available for IBAS members.

 

 

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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 focus 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 Testimonial

 

 

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Quote from a Daily Mirror article - Essex based IFA PMI, discovered the Independent Banking Advisory Service when one of his clients owed thousands of pounds on a house repossession. The debt was eventually cut to just over £1000.

Since then he has referred a handful of clients who have serious debt to IBAS.

He said: 'Sometimes as an IFA you have to admit that there is no advice you can give to help a person. In this financial sector there is someone who knows better'

 

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IBAS help, guidance and advice on Director's Bank Personal Guarantees, Personal Guarantee debt claims, Bank Guarantees, Bank Joint & Several Personal Guarantees, Director's Personal guarantee and Indemnity and on Personal Guarantees for SFLGS can prevent the bank 'taking' your home.

 

The following statement is posted online: “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 judgment 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. - I know that IBAS provided me with the necessary tools to defend against Barclays successfully. - DeeJay - Testimonial

 

The bold comments from the DeeJay online comments show exactly how IBAS assistance with director's personal guarantee debt claims with the correct strategy (IBAS Strategy) backed with IBAS experience and knowledge can destroy fear of debt for IBAS members.

 

The following statement is also posted online by one of our members: "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

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

 

The above comments show how dangerous Director's Personal Guarantees can be for those who have signed them.

 

Also, it illustrates how IBAS Strategy works for IBAS members with Director's Personal Guarantee debt claims and also how each case 'turns on' it's own facts and information.

 

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Bank debt recovery officers are highly trained to control conversations with customers - once they have them on the phone. Bank debt recovery officer's training and their legal knowledge at debt recovery provides banks with a legal and psychological advantage.

 

Particularly, when the customer is attempting to 'negotiate' themselves using the telephone. It is not an ordinary conversation and the customer is immediately placed under pressure and disadvantage as the bank's debt recovery officer takes control of the conversation to obtain what they want - which is information to use against you.

 

Bank debt recovery officers are not employed to 'advise' you - they are employed by the bank specifically to protect the bank and get your money from you. Customers have little knowledge of a bank's debt recovery strategy or how it 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.

It's the bank recovery officer's first priority to obtain your asset/income information and once you have provided the bank with that financial information you will be placed under pressure for payment regardless of any disputes or complaints which may have been previously raised.

 

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IBAS had obtained in excess of £21 million in refunds, write-offs and write-down of bank debt by 2002 from investigations of UK Business Banking Disputes - then we stopped counting.

 

BBC Testimonial for IBAS -Your Money Not a moving account

 

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

 

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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.

 

Modified: 3rd November 2021