Independent Banking Advisory Service
Established in 1992
Personal Guarantee, Personal Guarantees and Indemnity advice
Any ex director receiving a demand on a bank's director's guarantee should seek specialist advice immediately - an email to IBAS will allow you to obtain specialist advice quickly before you compromise your own position. IBAS prepare business banking 'cases' and investigate business banking issues, so that a defence can be made if it is appropriate.
If you are looking at this page you now have the opportunity to obtain FREE initial help and guidance to prevent your 'playing into the bank's hands' and then allowing them to control matters. So, first 'Bookmark' this page for your future reference and then email us. IBAS provides Directors 'options' with personal guarantee debt.
Independent Banking Advisory Service (IBAS) - IBAS launched in 1992 as a specialist unincorporated business banking membership organization assisting bank customers with UK business banking account/loan account/mortgage account and security disputes and business banking debt disputes. Our bank analysis and investigation of business bank loans, bank accounts, banking contracts, business banking account facilities and banking debt recovery information has been instrumental in our member's success.
IBAS business banking dispute negotiating experience has a proven strategy which provides claims and defences for business bank customers. IBAS has excellent banking investigation reputation and has featured on BBC TV, BBC TV News, ITV, Meridian and Sky News and contributed to editorials and articles for the Sunday Times, Times, Daily Mail, Daily Express and Daily Mirror.
IBAS is now in it's 25th year helping/guiding those with UK Business Banking disputes and Director's Personal Guarantee business debt claims - IBAS is the only UK non profit organization which provides business banking customers with specialist business banking assistance and specialist business banking guidance and also IBAS specialist business banking investigations.
The ﬁrst question in your mind when you receive a demand on your personal guarantee will probably be is the personal guarantee valid? or maybe your questions is can this personal guarantee be contested in any way - if so how? Banks seek security for lending in many ways but the PG is the easiest and the simplest for a banker to take (and the least resisted by the customer) particularly when bankers have not been truthful and stated: ʻitʼs only a piece of paperʼ or ʻthe bank will never rely on itʻ or when security on the home is being taken - the well used phrase of: ʻdonʼt worry we will never take your home, even if the business failsʼ.
Those are areas in which IBAS has been ʻworkingʼ since 1992. We have found over time through our investigations that what was said before the personal guarantee signing or before other security for borrowings was taken is probably the most contested ʻbanking relationshipʻ dialogue. We do not think there is any mystery to that. Whilst bankers are very well aware of the legality of the signed Personal Guarantee (their banking exams specifically cover all aspects of taking valid security for the bankʼs beneﬁt) and also how the bank will enforce on it later when required - it is often the ʻsellingʼ of the signing of a personal guarantee for a business which has been ʻmiss statedʼ by bankers in their quest to obtain the maximum security for their lending and in meeting loan/account/security targets. IBAS investigation on such matters focus on obtaining all information and evidence to properly investigate not only the circumstances of the lending but also the circumstances around the taking of all security by the bank.
The following statement is posted online by one of our members: “I know that IBAS provided me with the necessary tools to defend against Barclays successfully.” - DeeJay “I want to give hope to others that may be going through what Barclays Bank put me through for over 4 years (2005-2009) - now I have no fear of them - what was at risk to me was a great deal – my home and my career ( I am in financial services and any judgement against me would have ended my 30 year career within the financial services industry).
The bank would have taken it all, despite them knowing they had a flawed claim. I joined IBAS (Independent Banking Advisory Service) as soon as Barclays sent me their opening gambit letter. This was the only fee I had to pay throughout my fight against Barclays.” - DeeJay
Source"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 (preventing me making offers which I wanted to make, just to get this case against me closed, and which would have destroyed any defence) - 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."
Those comments illustrate how cautious a guarantor needs to be and just how dangerous Director's Personal Guarantees may be for those who have signed them. They also illustrate exactly how IBAS advises and guides those with Personal Guarantees towards a resolution. However, each case 'turns on' it's own facts and information. Personal Guarantee information is rarely all available immediately to allow the correct telephone advice on the bank's demand for a Personal Guarantee - that's why IBAS request email information as a starting point, so that we may assess what is missing and how best it may be obtained. IBAS 'case work' experience since 1992 has shown us how banks operate. IBAS has specialist knowledge, gathered from IBAS investigations of business banking account disputes over time and all IBAS knowledge and experience is used on your 'case' - no other organization has either IBAS experience or IBAS knowledge.
Bank debt recovery officers are trained to control conversations with customers once they have them on the phone. Bank debt recovery officer's training and their legal knowledge at debt recovery provides banks with a distinct legal and also psychological advantage. Particularly, when the customer is attempting to 'negotiate' themselves using the telephone. It is not an ordinary conversation and the customer is immediately placed under pressure and at a disadvantage as the bank's debt recovery officer takes control of the conversation to obtain what they want - which is information to use against you. They are not employed to 'advise' you - they are employed by the bank specifically to protect the bank and get your money from you. Customers have little knowledge of a bank's debt recovery strategy or how it operates but Bank debt recovery units are very skilled in defending the bank's position and are trained to use their legal position and knowledge to prevent defences from arising at an early stage in the bank's claim.