How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

this concerns a document I signed called a joint and several

Customer Question

this concerns a document I signed called a joint and several in 2005. at the time I was told by my partner in the company I part owned with him that it was for insurance against one of us dying. I signed it as I trusted my partner. anyway the company had to go into receivership . as my partner was ill at the time I had to deal with it. when this document turned up I was totally shocked by it. I know when I signed it there were no signatures on it bar mine and must have been signed somewhere else. the other signatures must have been added afterwards not in front of me. where do I stand legally on the witnessing as it was our bank managers signature on it and I definitely did not see him sign it regards mike
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome. My name is AJ and I will assist you.

Is a bank making a claim under the guarantee? How much are they demanding?

Kind regards

AJ
Customer: replied 3 years ago.

yes NatWest bank £47000

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Did you take any independent advice when signing it?

What did the Financial Ombudsman say?

Can you tell me about your involvement in the business?

Kind regards

AJ
Customer: replied 3 years ago.

no I did not as I was very busy at the time and I suppose I trusted my partner ,so I signed it and he took them away.


unfortunately they found against me.


I was a partner in a jewellery manufacturing business. I ran the production side of it and he ran the customer and financial side, as I was mainly making and repairing and generally taking care of all the equipment and my partner dealt solely with the bank and finances,as I was not used to working with computers at that time.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

This is very important - but did they say why they found against you?

If you were not involved in the company you may have a claim in court to defend the personal guarantee on the basis that it is unenforceable because you were not given independent advice. Banks are not allowed to just "oh sign this" its nothing important they have to insist that the person gets independent advice especially where it is obvious that someone is not aware of the financial matters of the company. The case is called RBS v Etridge - this details all the "hoops" banks have to jump through for a personal guarantee.

Did your partner just not sign it?

Kind regards

AJ
Customer: replied 3 years ago.

sorry for the delay but I had to get the ombudsmans letter e/mailed to me. could I email it to you as you may gleen more info than i.if ok please can I have your email address regards mike

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Can you send it to [email protected]

Kind regards

AJ
Customer: replied 3 years ago.
Hi AJ mike again . I have quite a lot of letters from the bank and ombudsman concerning this. Is it possible I send it to you ,as it might help with this. If so please could you email me so I can post it to you.
Regards mike
P.s. There is also a letter from the bank stating their attempts at resolving this in chronological order
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Can you send them to [email protected]

If you have trouble send me a chronology of you can?

I look forward to hearing from you.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice