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mf1 said:1. The money is due.
The contract contained the name of the company, but did not list our names. The o/d was taken by the company, and not by us as individuals.
2. You signed a guarantee.
Again, as company directors, against assets of the company, not against personal assets.
3. What use was the guarantee to the bank unless they could enforce it against you both personally? I do not understand your explanation that you signed the guarantee as directors and not personally.
Sorry MF, but whats the point of a limited company? The company approched the bank, not us as private individuals.
4. You would not normally expect a bank to advise you to go to a solicitor where you are signing guarantees.
We were forwarded a waiver several weeks after signing the contract stating that we had agreed to the contract without seeking legal advice. We have not signed this, and any legal advice we have sought since then on this matter has stated that there was subterfuge on the part of the bank.
Basically, the company signed this contract, but now the bank are stating that we as individuals signed. This doesn't seem correct to us and as such, I'm hoping for some more constructive advice.
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