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JGM, Solicitor
Category: Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I have signed and Indemnity and Guarantee agreement on the

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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?
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.

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Customer: replied 3 years ago.

Is there any way i can defend this?

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

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

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.