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Business Banking - Business Bank Account 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.

 

Outsourcing by using IBAS is a vital tool for any business.

IBAS involvement will provide professional banking input and banking expertise which will inevitably reduce direct friction with a lender when assessing business banking facilities or account charging, account overcharging or in any other business banking dispute.

Using IBAS allows your business confidential, remote access to much greater expertise than is possible within most SMEs and is an efficient cost effective way to allow speedy evaluation/s of specific contracts or facilities and have input provided directly to the CEO or Managing Director or partner. That allows companies to double check with banking professionals before they sign into agreements which may otherwise prove detrimental i.e Fixed rates and SWAPs.

Technology is moving now at a rapid pace making businesses more reliant on digital communications than face-to-face interaction which is ‘driving’ remote working with ‘experts’ and ‘contractors’ so that specialist input can be provided without the large expense involved in employing extra expensive specialist staff.

SMEs can now ‘draft in’ IBAS as their own experts in business banking dispute management to investigate and manage a banking dispute or for a specific banking overcharging issue on a short term basis.

The benefits of IBAS banking expertise as an external ‘expert’ may also provide an integral part of a successful small business strategy for growth and efficiency, adding valuable support to existing internal book keeping staff enhancing the business’s internal financial performance.

Tight margins and cash flow mean that SMEs can consider outsourcing important and specialist work to ‘experts’ in their field such as IBAS as a cost saving benefit as by doing they will not only obtain very specialist assistance but also contain costs to specific areas, which will enhance the SME’s management expertise and knowledge, whilst avoiding unpleasant tension, unhelpful personal banking confrontations and by adding further protection for the business.

Act now before it is too late for IBAS to help you

email IBAS

you need IBAS to help you because:

We know (from cases we have received) that many cases have been lost due to their 'advisor' not having the knowledge of the lender's debt recovery operation or information which the lender continues to conceal.

Obtaining only bank information which the lender want you to have is not just 'sloppy' it can be disastrous, not for your advisor - but for you.

The 'end result' for those who receive poor or inadequate 'advice' means they make 'proposals to pay' based on incorrect information - by doing so they may then lose all possible defences - which may mean them losing their home.

From information and files received from those we have assisted (i.e. files from other advisors and solicitor's files) it is clear that other ‘advisors’ carry out limited or only basic ‘checks’ on business banking debt claims or demands which will not establish customer defences (or claims) to allow a debt reduction or to eliminate the debt being claimed. Other advisors are still providing advice without first establishing all the facts, which will disadvantage or destroy the customer’s complaint/s.

IBAS assessments, reviews and investigations are carried out to a considerable depth – it is clear that other ‘advisors’ do not do that before they advise on settlements.

 

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

 

Royal Bank of Scotland/NatWest bank/RBS Global Restructuring Group (GRG) and HSBC Specialized Lending cases undertaken and investigated by IBAS. IBAS investigate commercial business banking disputes and UK Corporate business banking problems, Business Bank accounts, bank guarantees, bank loans and bank mortgages. IBAS are a 'unique niche' organisation negotiating banking dispute settlement with complete confidentiality. IBAS assessment and investigation of Director's Personal Guarantee debt claims, mortgages, legal charges and security are conducted prior to any bank negotiation.

Often Banks 'take' customerʼs personal assets for an 'alleged' bank debt claim, whilst also claiming an inflated debt or by using an unproven ʻlegalʼ claim because bank customers lack essential knowledge or business banking survival skills required to combat the bank's debt allegations.

Many of the successful IBAS cases were originally turned away by solicitors because they saw no basis for arguing the debt being claimed.

In most of those cases the solicitorʼs advice was to settle in full with the bank - which the bank would have been extremely delighted with - as afterwards IBAS contested those cases using our knowledge and experience because some bank debt claims have no legal basis on which to claim the debt alleged to be owed to the bank.

Some bank debt claims formally claimed by a demand on a Personal Guarantee have no legal basis. Many cases where bank debt claims were settled should not have been. For some ʻadvisorsʼ - 'settling' a £100k bank debt claim for £50k might appear to be a good result - however. if it is not proven and not legally owed by you to the bank or lender - it is then a very poor deal. If the bank is owed nothing they should be paid nothing.

IBAS has 27 years of continuous business banking dispute investigations, negotiations experience with all major UK lenders and we provide professional, confidential guidance and direct assistance to directors and proprietors requiring assistance with their business banking disputes.

Our specialist business banking, business account investigations of UK business banking account disputes since 1992 provides us with specialist experience and depth of knowledge which cannot be matched by any other organization 'acting' for business banking customers.

IBAS business banking account investigations experience, our expertise in analysis of business bank loans, business bank current accounts, business banking contracts, business banking account facilities plus our knowledge of business banking debt recovery strategy - has provided us with expertise in utilizing our specialist banking knowledge.

IBAS specialist banking knowledge is the key to our member's success and the almost miraculous settlements for IBAS members.

There is no other non - profit UK organization providing independent and specialist individual business banking advice and specific assistance to members.

IBAS business banking dispute knowledge and negotiating experience provides a proven strategy for business banking debt claims and Director's personal guarantee debt claims which can provide defences.

We can act quickly to advise and protect you if you are facing liquidation, receivership and being threatened by bank business debt claims demands or Director's Personal Guarantee Debt Claims demands from Limited Company debts.

 

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

 

(see BBC Testimonial for IBAS in 1999) at: Your Money Not a moving account  - BBC 22/07/99

 

IBAS has been 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.

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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 time putting off dealing with it - act now - email IBAS from the link below and tell us about your demand.

 

Personal Guarantees on Bank Business Debts or business banking debts or disputes for Limited Companies allow the bank to claim a debt is owed personally by the personal guarantor if the business fails or the Limited company cannot pay the debts claimed on the bank's demand. It is not enough for a personal guarantor to resign from the company. Even even if a company director resigns as a director that may not protect them from a bank claim on their personal guarantee for debts owed by the business whilst they were still directors or partners. If you need to have a release/discharge/end/finalize or 'determine' a personal guarantee you will require specific advice to make sure the Personal Guarantee is no longer 'relied upon' by the bank.

 

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

 

As a Director, Partner or Proprietor with a UK business banking dispute or business banking debt claim you will have already received 'conflicted' advice maybe from the bank, Insolvency professionals or solicitors and you may be very confused and now be seeking fully independent advice, guidance or help. IBAS will know from many years experience how best your dispute may be 'handled'. IBAS investigations and investigatory experience with audits and interest overcharging has meant that many bank claims have been considerably reduced or completely dropped.

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.

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.

An IBAS member wrote in: "Just for information we have recently reduced the balance outstanding to the bank and now have a better relationship with a new manager who many times, has apologised for the actions of others that have gone before him. We would like to thank you for your assistance in bringing the matter with the bank to a conclusion. It would have been far easier if we had known about your organisation in the first instance and the corner the bank backed us into would probably never have transpired.

We could not recommend strongly enough to anyone struggling with the overzealous banks how helpful IBAS have been. When we consider how the bank treated us when we hadn’t done anything wrong, never missed a payment and had good loan to value rates, I can only surmise how aggressive they must be to others.

Once again many thanks for the help IBAS have given us both over the past two years. In the nicest way we hope never to require your services again! "- GL

 

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IBAS provides experienced specialist and practical advice to IBAS members on how best to deal with and control the bank’s ‘collection’ activities after demand of the debt has been made on a Director’s Personal Guarantee or on a business banking dispute. What can you do and how best to do it? Can you 'get out of the personal guarantee' - is it possible to do so? Can you dilute your director’s personal liability under a bank’s director personal guarantee debt demand? Those questions have been asked in cases where IBAS investigate bankers and the bank actions where business banking disputes occur.

 

Do you want to delay the bank progressing to a legal claim? If you do you will require IBAS expert experience and assistance to test the bank's debt demand issued on you.

 

Why do you need IBAS?

Because, IBAS has been providing exceptional results for business banking customers since 1992

 

IBAS has been analyzing business/commercial/corporate bank accounts and banking contracts since 1992. Our experienced 'eye' and detailed investigation of the charging structure against the banking contracts is essential if the business is to recover losses fully. If the bank has intimated placing an account into 'recovery' or a 'specialized relationship unit' - our investigation may provide 'negotiation' ammunition and can protect your business. All charging investigations rely on the detail from the 'paperwork' provided or available for us to then establish whether a full investigation is necessary.

 

The following statement is posted online by one of our members: "The fact that IBAS have the knowledge and provide assistance in formulating the strategy, which was provided to me under membership and which provided the necessary case law ammunition and support (letters continually making the correct points) to prevent the bank gaining the upper hand - that strength of position then also enabled me to 'face off' the bank's threat (although the bank/solicitors knew their claim was flawed) and this strength of resistance then forced them to discontinue their action - this is all a matter of fact and something which IBAS should be very pleased about." Source

I understand that so many cases are lost before they start because under threats from the bank the customer provides an offer of payment - without understanding there may be a defence to the bank's claim. Having been induced to make that offer, the bank then goes for the jugular. Apparently I am one of a very small band of successful litigants, which I wouldn’t have been without IBAS behind me. - DeeJay   

The above case illustrates how cautious bank business customers need to be when dealing with any bank on a Director's Personal Guarantee 'call' or banking debt claim. It also illustrates, how IBAS advised and guided with the best strategy to enable bank disputes and bank business debt claims to be resolved in the customer's best interests.

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'I found IBAS to be Impressive & professional with no nonsense. I followed IBAS strategy totally and the result was spectacular. Thanks for putting my life back on track and saving me a bucket load of money - I cannot thank you enough. I would now start with IBAS and ignore all the others who are 'selling' an imitation of these guys but without IBAS knowledge! - AT November 2016

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As one member wrote in: "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". It is not unusual to see Company borrowings being used to threaten business ownersʼ homes.

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IBAS lay the 'groundwork' for successful defences or banking claims by first preserving defences which then exist and yes, we have assisted in many litigation cases which have then been won by our members after litigation in the County Court, High Court and the Court of Appeal.

 

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When IBAS investigates business banking dispute ʻcasesʼ our investigation/s focus not only on the debt being claimed by the bank but also whether the Bankʼs actions in all matters have been correct. IBAS will question bank actions and will seek specific information necessary for your case.

IBAS investigations and investigatory experience with audits and interest overcharging has led to many bank claims being considerably reduced or completely dropped.

If IBAS is involved quickly enough, we will be able to gather all the information necessary to properly investigate, before the bank "clear their decks" (which will occur after Limited Company dissolution). After dissolution of a company banks will attempt to prevent discovery of often essential documents as they only want to present documents to enable the Bank to make a maximum claim and recovery from your assets.

Banks make substantial profits from debt recovery. If the bank customer makes it easy for them - the bank will take all they can, regardless of whether it is fair, moral or legal.

Banks and Bankers do not 'play fair'!

IBAS protects you from the bank's often hostile intentions and actions.

Are you now personally in debt or liable for a debt claim from a limited company guarantee you provided whilst a Limited Company Director? Do you know what options you may have to settle the bank's claim? Can you protect your home from a bank's debt claim? All bank demands are a direct threat to you personally if you signed a personal guarantee whilst a Director in a limited company or partner in a partnership. A demand on you personally (if not dealt with correctly) may mean that your personal assets and your home are now at much greater risk from the business or limited company debt.

If you are (or were) a company director and have provided a bank with your personal guarantee but have now ceased to be involved with that company/or the company or business is failing - call us for assistance. IBAS provides specific advice on how Personal Guarantees may be reduced, settled and/or eliminated.

IBAS has obtained in excess of £21 million in refunds, write-offs and write-down of bank debt (we stopped 'counting' some years ago) from investigations of UK Business Banking Disputes. We stopped counting because we realized that for an individual it is their business banking dispute and their business banking problem which matters because it's their Director's Personal Guarantee which is 'called' for payment by the bank and after that their personal assets which are at risk from the bank's 'plundering' once their business fails.

During the mid 1990's IBAS introduced an 'in house' bank interest auditing unit so that we could directly analyze and check bank interest charges on business bank accounts and analyze individual bank 'trends'. Our bank interest auditing unit also provided an additional specialist investigative 'tool' for IBAS use in 'case work' investigations where business bank accounts have provided banks with 'disputed' funds and bank errors and overcharging arose.

IBAS specialist knowledge, experience and 'tools' have come from investigating corporate and business banking disputes. IBAS Business banking account dispute investigations have obtained considerable bank overcharge refunds and provided defences and additional negotiations for IBAS members.

 

Last modified: 16th November 2019