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 JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I have signed and Indemnity and Guarantee agreement on the

Customer Question

I have signed and Indemnity and Guarantee agreement on the 27/11/2007. I have guaranteed that a LTD company will pay the lease installements, however the LTD company failed. The leasing company has passed the agreement to a debt collection agency that took me to court "Date of service" 27/12 2013. Can i invoke the Limitation Act 1980 Section 5 that the alleged debt is Statute Barred?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The date you signed the agreement doesn't matter. It's the date that the payments were due that is relevant. They can seek payments of rent due by the company for the last 6 years anyway so of the debt rates to payments due during that period there is no plea of time bar. If the payments fell due more than 6 years ago then you can advance that defence.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Is there any way i can defend this?

Expert:  JGM replied 3 years ago.
It depends what the guarantee says. You might want to get it checked. For example the position might be that they have to take steps to pursue the company first and if they haven't done that their action against you might be premature. The guarantee would have to be examined in detail.
Customer: replied 3 years ago.

Another issue i found: they have sent the claim to my old address and i havent received it only after the response time set by the court expired. So, now i have a ccj and i didnt even had the chance to answer their county court claim. I have proof that i no longer live at the address the court has sent the papers since sept 2012. Could this help

Expert:  JGM replied 3 years ago.
Only if you can establish that they knew you had moved. Most personal guarantees say that they can cite you at the address they have for you at the time.
Customer: replied 3 years ago.

They have had my old address in Glasgow ( when i signed the guarantee) then i moved to Milton Keynes and they wrote me to the Milton Keynes address then i moved to a second address in MK and they sent it to the first address, eventhough in their letter to court they mention that i appear on the electoral role register at the second Milton Keynes address

Expert:  JGM replied 3 years ago.
It sounds to me that you may have cause to have the judgment set aside but you should take specific advice on this and take the guarantee to a solicitor along with the other relevant papers.

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
< Previous | Next >
  • http://ww2.justanswer.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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