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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have personal guarantee company and the bank is calling

Resolved Question:

I have personal guarantee for my company and the bank is calling it in after one of my clients went bankrupt and left me with a shortfall within my factoring facility. The bank has now called in the guarantee and have since sent a financial questionnaire to me to fill out. None of this is a problem, the problem is, the questionnaire is asking for my wife employers details and her financial details. The guarantee is in my name only not my wife. My wife does not want to give out her details in any way shape or form. Whats our legal standing on this and what can the bank enforce us to do
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume that your wife is not named as guarantor?
Customer: replied 1 year ago.
your correct my wife is not named as a guarantor or had anything to do with the company i ran as a director
Expert:  Ash replied 1 year ago.
Ok, then you don't have to give ANYTHING to do with your wife. Its nothing to do with the bank and it would be a breach of the Data Protection Act if information was given without her consent.
Your information must be disclosed but this is limited to you and you alone. They do not have any consent from her and as such can't demand the information.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I am happy to pass over my information, the paperwork the bank sent out. Should i just fill out and send back with just my details on etc etc. I am not working and my wife pays all our household bills as she works. If i dont pay any of the bills and my wife does shall i just put information in stating wife pays bills but no details??
Expert:  Ash replied 1 year ago.
Yes I would do that - they are NOT entitled to any of her information.
Does that help?
Alex
Customer: replied 1 year ago.
That helps a lot thank you for your assistance in this matter
Expert:  Ash replied 1 year ago.
Good luck
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Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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