Bank Guarantee Claims

Bank Guarantee Claims

Bank Guarantee Claims Challenging a creditor’s right to call a personal guarantee Personal Guarantees are more common now than ever and creditors can be quick to take action against a guarantor.  However, not all personal guarantees are enforceable.  Patrick...
Undue Bank Pressure

Undue Bank Pressure

Undue Bank Pressure Options for borrowers Most businesses have some bank indebtedness and, given market conditions, this is typically secured by a complicated series of debentures, fixed/floating charges, personal and group guarantees and deposits. Together such...
Personal Guarantees

Personal Guarantees

Personal Guarantees Options For Guarantors What is a Personal Guarantee? Defences All guarantees must be given for ‘consideration’ All guarantees must be in writing Guarantors must not be induced to enter into a guarantee by a misrepresentation Misrepresentation as to...
RBS sued over banking tactics

RBS sued over banking tactics

RBS sued over banking tactics The Royal Bank of Scotland (RBS) is facing fresh legal action from entrepreneurs who claim senior staff drove their businesses “into the wall” so that valuable assets, such as property, could be seized. Lawyers acting for the...
Property Development

Property Development

Property Development A limited Company was set up for the purposes of carrying out a specific property development project, (the Company). The property was acquired with the assistance of a loan from Bank B (the Bank) and a property development loan facility from the...
Acquiring a Hotel

Acquiring a Hotel

Acquiring a Hotel Two businessmen formed a company for the purpose of acquiring a hotel the south of England and eventually redeveloping it. The company took a long lease of the hotel from the owner and the two businessmen gave personal guarantees to cover the...