Another court case it looks like.....

Another court case it looks like.....

Postby Dane » Tue Jun 14, 2011 11:06 pm

Hi all.
Ok where do I start? A member of my family lost his business about 3 years ago. About a year ago a letter arrives from a company that is trying to claim approx 50k from him. When he had his business he got a loan from a drinks supplier but signed a Personal Guarantee to it. Even though the loan was given in 2003 and he lost his ltd company in 2008, and this drinks company was bought out by a new company, they are still gunning for him.

It’s already in the court system and our solicitors said there was nothing we could do, so we sacked them as they were taking the piss with costs anyway. I have got their Solicitors in tacit, but they replied before I could get them in Estoppel. Basically they ignored the letters, denied any claims of tacit and have asked that the courts to serve an order for us to submit our “list of documents”, and if after that order we don’t comply they want the case struck out and default judgement made. Couldn’t you just strangle them? lol
The avenues I have been looking at are:

The original drinks company was bought out by a new drinks company and the new company are claiming the debt still stands. I’m thinking there’s no contract with this new company, the PG was with a company of a different name which is now dormant and has had its accounts finalised 2 years ago. Where is the Personal Guarantee with this new company?

There are discrepancies on the copies of the PG they sent us. The first copy they sent to us had no date on it, but they sent another one later and it had a “certified copy” stamp from some solicitor, and a handwritten date on the front as date of contract. It’s plainly obvious that the person who wrote on the stamp also filled the contract date in while he was at it. The handwriting is the same. Is this falsifying documents and fraud? Would the police investigate it? Could a case be thrown out on this alone?

I have asked them for proof that the debt exists and for them to show me the movements of the debt between companies and where the debt sits now on their account records. As the old company is dormant and the accounts are closed I’m thinking maybe the debt was written off. The company won’t acknowledge my letters and their solicitor claims they made little sense.

Basically as it is in the court system my plan is to write to the courts sending copies of all letters explaining how they are in my dishonour and perhaps try to get things stopped. Or go to court and show the judge my evidence and tell them to answer my questions and show me the original alleged PG.
It would be interesting to hear people’s thoughts on this. The amount was far greater originally as they tried it on with some other old retro contract that was changed. t
This is evidence that they are sneaky bastards and will try anything so maybe I’ll bring that up as well.

Thanks peeps.

Dane.
P.S. a court date is set for september.
Dane
 
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Re: Another court case it looks like.....

Postby Freeman Stephen » Wed Jun 15, 2011 12:19 am

liability is with the new drinks company if the loan was taken out by the old drinks company. if the loan signed on behalf of the old ltd company, it will not be a personal loan. you need see the original loan agreement to determine who signed it, company director? if the loan agreement does not mention the ltd company then it is a personal loan which liability for is to the member of your family personally and the ltd company has nothing to do with it.

if its a regular personal loan to the family member not involving the ltd company there are plenty of similar situations you can search on the forum.
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Re: Another court case it looks like.....

Postby Dane » Wed Jun 15, 2011 10:36 am

Hi thanks for the reply.
It refers to his his dissolved ltd company as the borrower, and himself as the Guarantor its set out like this:-

Borrower means: Company Limited

Guarantor means: Joe Bloggs

I notice they didnt put MR or MR JOE BLOGGS.

Then

Signed and delivered as Deed
by the said Joe Bloggs........................... signed by Joe Bloggs
in the presence of

Witness' signature....................... signed by a solicitor with their address stamp

The drinks company had no one sign it and the solicitor wasn't actually there he signed it later. I believe the solicitor was acting for us at the time. Could this be something to go on?

Rgds

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