Help Advice needed! I did not agree to be a guarantor for a limited company!

gavinl

I have checked my creditfile and found a CCJ from a company that a limited company I was a director of used. The Limited company went out of business a long time ago and had other directors who have not been given a CCJ.

I have contacted the company and they said the client care letter they claim to have sent included a paragraph where it said I would be responsible for any outstanding debts the limited company had.

At no point did I sign this nor would I have signed to be a guarantor of a limited company I was minority shareholder in.

I have ended up applying to the court to have this ccJ looked at and I am due to argue my case on the 2nd of jan.

My question is: can a company make you a guarantor without a signature?

I am sure there is law regarding showing preferential treatment to a debtor in a limited company situation

They also sent the paper work for the CCJ to an old address which was clearly updated prior on companies house.

Any advise would be great.

WhenIam64

I have contacted the company and they said the client care letter they claim to have sent included a paragraph where it said I would be responsible for any outstanding debts the limited company had.

Were you sent a copy of the letter? Were you instrumental in appointing the company in your capacity as a director?

It seems a little far fetched but it will come down to the wording of the letter, and whether the term would have been so clear to you that you would agree to the term not by consent, but by "performance".

Are you prepared for the hearing on 2nd? Concentrate on the timeline (when you were a director; when they were appointed etc) and the facts.

gavinl

WhenIam64 wrote: »

Were you sent a copy of the letter? Were you instrumental in appointing the company in your capacity as a director?

It seems a little far fetched but it will come down to the wording of the letter, and whether the term would have been so clear to you that you would agree to the term not by consent, but by "performance".

Are you prepared for the hearing on 2nd? Concentrate on the timeline (when you were a director; when they were appointed etc) and the facts.

They claim to have sent a client care letter. which states that I will be responsible if the limited company fails. I did not see nor sign this...

Can a client care letter and guarantor be assumed without a signature agreeing?