Unlimited Guarantee

[CleverClogs (RIP)]

Re: Unlimited Guarantee

If so then my copy is totally incomplete. Is this acceptable I wonder?

I do not know, but it might not matter for the copy which you retained for your own records.

However, if the bank's copy had not been independently witnessed, it may have been incorrectly executed, so would be invalid and of no effect.

That is purely my thought as a layman; you should seek expert advice on this matter as one might expect Sharklays not to have made so elementary a mistake if, indeed, that was what happened when their employee witnessed the deed.

[greymatter]

Re: Unlimited Guarantee

Thanks CC
Need sight of their copy really.However I shall keep digging before I go legal ,because it needs to be right otherwise Im up the swanny etc!
GM

[mk_chatham]

Re: Unlimited Guarantee

Need sight of their copy really.

Hi GM

I know this is for a business account but would not a SAR request get a copy of this document from the bank ???

Maybe someone else can confirm if this is the case.

MK

[Never-In-Doubt]

Re: Unlimited Guarantee

I know this is for a business account but would not a SAR request get a copy of this document from the bank ???

Yes as he was still the named signatory of the account - template (you will need to edit this to specificlally include the request of the document you want) is here: ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

[CleverClogs (RIP)]

Re: Unlimited Guarantee

Need sight of their copy really.

Why?

With only you and the bank manager actually present when the guarantee was signed, it is more than somewhat difficult how your signature might have been independently witnessed.

Or had the independent witness been wearing an invisibility cloak?

[Never-In-Doubt]

Re: Unlimited Guarantee

Or had the independent witness been wearing an invisibility cloak?

[CleverClogs (RIP)]

Re: Unlimited Guarantee

The point is that, unless it bears the name and signature of someone who was not present, the witness can only be that of the other person present and, as he was an employee of the bank at the time, he was hardly independent.

[CleverClogs (RIP)]

Re: Unlimited Guarantee

Oh?

So it was signed in a go-go bar?

[garlok]

Re: Unlimited Guarantee

The bank will always try to deny you a subject access request for anything to do with a limited company. However we have always stood on the argument that anything PERSONAL has to be included which to my mind is any document that acarries your signature or appertains to personal guarantees or a company credit card that contains your name etc.

The replies we had siad that they did not have to provide limited company information and in any case they did not have to voluntarily provide information which would incriminate themselves in any criminal proceedings which may be taken against them. At the time we had accused them in writing of some very serious criminal allegations which they have never refuted.

So its all very arguable point as to what they have to provide. Sols said let 'em stew and we take them apart if we have to.

regards
Garlok

[greymatter]

Re: Unlimited Guarantee

The problem I have here also is that it could have been witnessed at work by a member of staff.I seriously cannot remember.However I still have contact with the person and will contact them to see if they can recall signing.A long shot but its worth trying.

[Never-In-Doubt]

Re: Unlimited Guarantee

The problem I have here also is that it could have been witnessed at work by a member of staff.I seriously cannot remember.However I still have contact with the person and will contact them to see if they can recall signing.A long shot but its worth trying.

yep and if not then just sway them to the latter, i.e. "can you remember ever signing for anything? I'm sure you never cos I don't even think I did, but thought I'd check" - see what that produces.....

ie you don't put words into his mouth but if there is nothing witnessed by way of signature then he was not a witness, technically.

[greymatter]

Re: Unlimited Guarantee

Yes OK
Will do.
Thanks Niddy.
I will get back to you asap.
And heres me thinking I could rely on the Banks Lending Code-
GM

[CleverClogs (RIP)]

Re: Unlimited Guarantee

And heres me thinking I could rely on the Banks Lending Code-

I hope that you may not have to depend on Barclays' better nature because, from what I've seen, they don't have one.

[greymatter]

Re: Unlimited Guarantee

I'm sure you're right CC

[PlanB]

Re: Unlimited Guarantee

I successfully wriggled out of a Barclays business loan agreement which related to my (then) husband's company because I had not been given independent legal advice on the consequences of any default. The bank's lawyers conceded that even though everything had been signed and witnessed properly it was conceivable that I hadn't understood what I was doing. Cheeky sods, but I was happy with the outcome There is case law on this very point