Thanks for the response. The factoring company did produce a signed guarantee however that was never agreed at the time, on the contrary it was discussed that no guarantees would be signed and I don't recall signing one. They wanted to continue with myself in a new company but when I refused they went for the jugular. How do you suggest I proceed against my business partner?
They initially sent in there 'friendly' administrator with a view to trading through and emerging as a phoenix company with only me as shareholder however I let them down by accepting a job elsewhere. Then they claimed there was a shortfall in funds due for payment, I offered to help speed and clear that process up and they answered no they didn't want to allocate any more time or resource to it. They knew my personal situation which was separated pending divorce with house on the market, they went for that instead and got £28k from me, my share of the equity in the house, and so far 2 years at £300 per month. They wont discuss with me whether my ex business partner has been pursued or is paying anything nor have they discussed the exact position with me re the account. I feel I have a case against them, negligence during handling the account and not signing us up again after the term expired being two of the key points.
They have produced a document to that effect, Guarantor & Indemnifier is the heading. I don't recall agreeing to that in fact I recall a discussion about not having to agree to that but agreeing to help them 'clear up any issues' should that situation come about. It is my signature but I don't recall signing under that heading.
I'm not sure, like me he wouldn't have been aware he was signing that but I cant see why he wouldn't have signed the same documents as myself or vice versa.