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 Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

Re setting aside a charging order. I had a personal guarantee

This answer was rated:

re setting aside a charging order. I had a personal guarantee on a business debt for a limited company that i was director of some years ago with RBS. The charging order was granted in my absence, and I was not aware of it until I investigated selling the property. Is there anything I can do ?
Hello my name is ***** ***** I will help you with this.
Were you ever released from the guarantee? Would you have any real defence to the claim?
Customer: replied 2 years ago.

Hi Alex I do not think I was released from the guarantee and am unsure as to what would qualify as a real defence.

If recall serves I signed a one page guarantee form in front of bank employee to increase a business overdraft facility. The business then went in liquidation

Were you given any opportunity to take legal advice, or did you decline it?
Customer: replied 2 years ago.

I am guessing the form would say I have been offered the opportunity to take legal advice

Its bad news then I am afraid. Even if you didnt know about it, the Court has to consider whether you have a realistic defence to the claim.
Given that you could have taken legal advice and have not been released from the guarantee I dont think that you will have a defence. There is no point setting something aside if its not going to make any difference.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.