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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I gave a directors guarantee to the bank. Subsequently the

Customer Question

I gave a directors guarantee to the bank. Subsequently the company was wound up but the bank did not put a claim in a creditor in the winding up process, but instead came after me for the whole of the debt. Do I have defence.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much is the debt for?
Customer: replied 1 year ago.
£100000
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome. My colleague has asked me to assist you with this. I am a corporate lawyer.
Do you have a copy of the guarantee you can post here?
Kind regards
AJ
Customer: replied 1 year ago.
i do have a copy of the guarnatee which i can e-mail over if required.An additional complication is that the Company was in dispute with the Bank prior to liquidation as the bank had previously mislaid documentation and failed to provide documentation required for a property transaction which resulted in a loan being recalled. This brought the company down and cost me another £140,000 personally. I believe the Bank owed a duty of care to the Company but also me as Guarantor. Am i correct?
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Did you receive independent advice when you signed the guarantee?
Can you email the guarantee to***@******.*** for my attention? It will take a while to filter to me but I should receive it.
Kind regards
AJ