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Established 1992

 

Business Banking, Small Business Banking Dispute Solutions

 

Why use the Independent Banking Advisory Service (IBAS) for your Business Banking Dispute?

 

Directors UK Bank Personal Guarantee Debt Claim Demands and the IBAS Christmas Warning Post

Christmas 2019 is fast approaching and Banks will use their normal 'holiday' strategy on legal claims.

  • That means they will be already preparing their Christmas legal claims.
  • Many are prepared deliberately to drop through your letterbox just before 'close of business' on Christmas Eve.
  • Getting 'advice' for a Director's Personal Guarantee Debt Claim around Christmas and New Year is extremely difficult.
  • Banks know that - whilst they have easy access to solicitors at all times their customers will not.
  • Between Christmas Eve 2019 and 2nd or 3rd January 2020 is a normal holiday period for most in the UK.
  • Therefore, good strategy (although extremely unfair) for banks to issue a claim ready for 'service' on Christmas Eve.
  • The 'service' on you will be deliberately timed for maximum effect for the bank's benefit.
  • The legal clock starts ticking once a claim is 'served' which puts the customer under extreme 'time' pressure.

Losing 10 days in the Christmas - New Year period doesn't help those with legal claims obtain help.

  • Banks know that customers will be forced to react - which means many customers will also attempt a DIY response.
  • Banks love DIY responses, as they know they will normally lead to the bank obtaining an 'easy judgement'.

OR

  • The customer just doesn't react at all and judgement is obtained by the bank by default.
  • DIY responses miss possible defences which are effective legal arguments to avoid 'strike out'.
  • We would suggest that anyone with a bank claim 'lurking' against them - obtains help.
  • Do not  get 'rushed' into answering a bank's legal claim without any help at Christmas.

Drop IBAS  an email and we will explain what can be done.

 

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The Bank’s Final letter for your business banking dispute complaint & business complaints to the Financial Ombudsman Service (FOS)

It is a fact that all banks spend considerable time and effort 'drafting' their Final response letter to the customer on complaints because they know that their Final Response letter is designed to persuade the Financial Ombudsman Service (FOS) to their position. By that time the bank’s customer services/complaints department will have already extracted all your information from you for their benefit by questioning you and then they will have dismissed your complaint/s.

Bank Final response letters are drafted and written by legally trained bank staff who are communicating with the FOS daily and are therefore completely aware of FOS decision making.

The Financial Ombudsman Service staff are aware that bank Final response letters are prepared by legally trained bank staff and the bank’s Final response letter will influence the FOS ‘investigator’.

Bank customers may believe their business banking dispute complaint/s will get a fair hearing by the FOS and from reading the FOS website may also be misled into believing that it is ‘easy’ to make a business banking complaint through the FOS.

However, banks possess very distinct advantages, which include legal knowledge, long experience of ‘complaint casework’ and know what is effective (for the bank). Banks also know how the FOS 'thinks' as they communicate regularly with the FOS by telephone.

The Financial Ombudsman Service do not calculate bank accounts to provide an independent calculation where they are required. The Financial Ombudsman Service will rely on bank methodology and bank calculations when dealing with a business banking account dispute.

The bank's Final letter allows you 6 months to make a complaint to the FOS.

 

see very poor 2019 - Trust Pilot Reviews for Financial Ombudsman Service


What will the Independent Banking Advisory Service (IBAS) provide you for your business banking dispute complaint which the Financial Ombudsman Service (FOS) will not?

IBAS will carry out fully independent investigations of business bank accounts based on the customers complaint and will provide fully independent calculations with a report which can then be relied upon to evidence incorrect charging, bank errors and overcharging.

Historical banking account errors/bank charging mistakes and bank overcharging claims evidenced by IBAS account investigations and calculations enable effective business banking account complaint progression. IBAS has been calculating business bank account and overcharging complaints since the mid 1990's

IBAS account investigations enhance the customer's complaint with substance to evidence bank charging errors to the customers advantage.

IBAS will investigate business banking disputes which IBAS 'take on' and progress for the customer.

IBAS reports can then be relied upon for any business banking dispute which IBAS has accepted.

IBAS investigate Director’s Bank Personal Guarantee dispute complaints and assess all other security documents held by the bank for lending purposes to establish the facts and historical positions. Specific advice on business banking account/s disputes and further actions required are provided by IBAS once our investigations conclude.

Information from those we have assisted since 1992 show that other ‘advisors’, solicitors & also the FOS carried out very limited or basic ‘checks’ on business banking complaints. Basic ‘checks’ cannot identify customer defences, allow debt reduction or eliminate a debt being claimed.

It’s clear that ‘other advisors’ provide advice and ‘outcomes’ without necessary facts. That disadvantages or destroys the customer’s ‘case’. IBAS has a long established standard practice for investigating bank customer’s business banking account disputes in depthother ‘advisors’ do not do so.


Email IBAS

 

IBAS was the first in this field and remain the best.

IBAS website was launched in 1998 to help UK businesses with banking disputes.

 

see BBC Testimonial for IBAS in 1999 below

Your Money Not a moving account  - BBC 22/07/99

 

IBAS has featured on BBC TV, BBC TV News, ITV News, Meridian TV and Sky TV News since 1992 and also contributed banking editorials and business banking articles for the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.

 

IBAS was established in 1992 and is totally independent. IBAS business banking investigations have been the ʻcorner stoneʼ in the many successful IBAS cases and resolutions over 27 years.You may be a Director, Partner or Proprietor with a UK business banking dispute or business banking debt claim and seeking fully independent advice, guidance or help. You will also expect knowledgeable banking experts with long experience who will know from their experience how best they can deal with your banking dispute at a ʻvalue for moneyʼ cost.

We know from our ʻcase workʼ and also the many meetings with Bank Debt Recovery teams just how much information banks hold for their use when they demand payment for business banking debt claims or directorʼs personal guarantee debt claims.

IBAS first priority in any business banking ʻcaseʼ is to obtain all information from the business customer and also from a bank, which we know is necessary to determine the strength of the bankʼs claim on the customer. Our first priority is the same whether it is a business bank account debt in dispute or a debt claim after a business failure where the bank seeks payment from a directorʼs personal security or directorʼs personal guarantee. Personal security may be by a bank guarantee or directorʼs personal guarantee and directors personal guarantees may also beʻsupportedʼ by a bank mortgage on an individualʼs personal property, which may be either jointly held (joint and several) as security with others or severally (individually) held.

We have found from experience that early ʻpaperworkʼ for assessment in many business banking cases is limited, as business owners, directors or partners do not have copies of important documentation on which we know the bank will rely.

We have also found that business bank customer in business difficulties ʻtalkʼ to their bank thinking that it may ʻrelieve pressureʼ on them quickly but without being aware that their call will be recorded and may also then ʻtriggerʼ default for any borrowings and also move matters on much more quickly for the bankʼs legal debt claim either against the business and also trigger all personal guarantees and security demands.

Those in business banking disputes are also rarely aware of how the banking debt recovery system operates or just how devious bank recovery officers can be in seeking their first priority - payment of the debt - regardless of the specifics of the customerʼs business banking dispute.

That is why we would never suggest that any business customer in dispute with the bank telephones to ʻdiscussʼ any matter with their bank.


If you really want to talk to somebody - talk to IBAS or better still email us to allow us to assess your concerns and respond to you - so that we may then guide you.

 

email IBAS

 

If you’ve received a business banking account debt claim demand or Director’s Personal Guarantee debt claim demand we can inform you ‘what not to do to make your position worse’. (request your copy now)

However, whilst ‘what not to do to make your position worse’ - is our gift to you - it is only a short term ‘plaster’. It is not a permanent solution.

For a solution, you need to make a decision to get IBAS fully on your side by providing us with a comprehensive outline of your ‘dispute’ in an email with correspondences, facility letters and demand letters which 'show' your position.

 

We know that communicating with someone who fully understands what you are going through is your first step to getting a good night's sleep.

But, communicating with someone who has dealt with a great many cases like yours is even better - so don't waste any more time putting off dealing with it - act now - email IBAS from the link below and tell us about your demand.

 

email IBAS

 

 

As a member wrote: "What benefited us the most was your concise & well thought out advice, very good knowledge/experience of how the banks work, prompt responses and sensible/pragmatic approach". 

 

Director's Personal Guarantee debt claim disputes can be very complex but often the bank customer waits far too long before obtaining the correct and specialist help.

Warning: We know that delays in business banking customers obtaining our help and guidance can cost them their homes.

IBAS results include total removal of the complete debt claims.

IBAS has carried out business banking investigations since 1992. We could not cover all case study material without writing a book about them - a few of the IBAS case investigations are shown below:

 

Case Study - Property Development Company - Director's Personal Guarantee - Business Failure - Bank demands payment for director's personal guarantee for full company debt owed of circa 100k - bank threaten to take his home.

As with many property development companies this Director's Personal Guarantee was signed without ILA being provided. When the business failed the Director took advice from solicitors. Their advice was to settle with the bank - otherwise they would 'take his home' - IBAS took on the case and fully investigated all the circumstances. The bank had written and threatened the bank would take the Director's home if he did not pay them what they had claimed. IBAS negotiated with the bank over a period of about six months. Despite the bank's claim on a provable 100k company debt, IBAS obtained the bank's confirmation they would not proceed further on their alleged Personal Guarantee debt claim demand against the Director. The Director stated: "The outcome was without doubt more than we could ever have wished for"

- "We would highly recommend your services to anyone placed in the same position that we found ourselves in"

Case Study - Construction Company - EFG Loan - Business Failure - Bank demands payment for director's personal guarantees for full EFG loan provided to company.

Several EFG loans were provided to the company and Director's Personal Guarantees were taken over a period of years which confused the directors who were misinformed by the bank on their position and also their possible liability if the business failed. When the business failed the bank then demanded the maximum amount outstanding on all the loans - claiming the director's personal guarantees covered the full debt.

IBAS not only disputed the debt but also how the EFG Loans were provided to the company and the 'selling' methods and bank 'strategy' used in obtaining signatures for the Director's Personal Guarantees. Had IBAS not obtained all information available and then investigated matters the bank would have taken the customer's home - as that was their motivation. After considerable dialogue over more than a year - the bank eventually agreed their position had been overstated and errors were made which enabled IBAS to settle with the bank for a sum and which the customer agreed had provided them with 'a very good result'.

Case Study - Manufacturing Company - Unauthorized company bank current account withdrawals and alleged thefts by company employee - Bank paying 'outside' company mandate for business account/s - IBAS provided analysis, investigated, collated evidence to calculate the proven loss for a claim to be made by the Company against the employee's assets.

Case Study - Services Company - Unauthorized company bank current account withdrawals and alleged thefts by company employee - Bank paying 'outside' company mandate for business account/s - IBAS provided analysis, investigated, collated evidence to calculate, evdience and prove claim for loss to be made by the Receivers against the bank.

IBAS has reviewed a great many Director's Personal Guarantee Debt Claims and Demands, Personal Guarantee/s and banking debt claims to assess the risks to the customer and what action was required for the customer's protection and resolution of the debt claim we have also investigated the following:

Cloud or Crowd Funding Personal guarantees - IBAS have assessed and investigated Crowd Funding Guarantee Demand Claims and resolved those claims.  

SWAPS interest rate complaints, misrepresentations/miss-selling & deception in sales of SWAPS 'agreements'. Property secured to a SWAPS agreement of an unequal term, release of security to business bank loan and mortgage/s.

Business bank current account, double charging, Bank pressuring businesses for more and greater business assets, lower business borrowings forced, higher personal Director's guarantees and further personal guarantees secured on family homes by bank mortgage.

Business Bank current account - bank overcharging of interest and business current account bank - overcharging for double debits and fees - Bank Overcharging debit bank interest on business banking current account/ loan/ guarantee/ mortgage.

Bank breaching contracts with business banking customer - RBS Global Restructuring Group (GRG) assistance, Business banking current accounts/ mortgages/ loans being moved from branch to debt recovery department / specialized lending unit / business support unit / business recovery support unit and normal banking relationship ending. 

Limited Company bank debt disputes and bank claims for payment.

Bank Business account overcharging - IBAS calculated the correct balances and compounding to claim back the overcharged interest.

Bank current account overcharging - IBAS provided calculations which proved bank overcharging on the accounts.

Bank forgery of payment and security documents to obtain property/payment for debt.

Banker's misrepresentations in obtaining further security, Bank lending using both undervalued and overvalued property valuations.

Tracing ‘lost’ connected business bank accounts in an offshore bank.

Cheque and BACS payments by bank branches without authority & Banks paying outside company mandates for business current and business loan account/s.

SFLGS Business Failures and EFG Loan Business Failures where IBAS has provided pre-litigation assistance on issues ranging from company loss, bank mistake, security taking, debenture taking and debenture registration and the taking of and 'calling up' of associated bank director's personal guarantees. 

Last modified: 16th November 2019