If you are not confident in dealing with your personal guarantee yourself you may consider turning to another professional advisor for help. We have outlined here the typical role that most other advisers will adopt depending on their specialist expertise.
- We have had many discussions with solicitors over the service that they offer the client in relation to a personal guarantee.
- Typically they will look at the details of the personal guarantee (s) you have signed and whether it is enforceable.
- In our experience 99% of the personal guarantees we have seen have been worded and signed correctly with the appropriate legal waivers also in place.
- Solicitors therefore will be charging you fees to review the PG only for you to be told there is no legal strategy to take to challenge it
- Typically accountants are not experts in insolvency or personal guarantees and often refer their clients onto us.
- Whilst they obviously want to help a client in the majority of cases they would prefer you to take professional advice.
Insolvency Practitioners (IP’s)
- Most of our professional referrals come from colleagues in the insolvency profession
- Whilst IP’s are able and willing to advise you before they are instructed, once your company has gone into liquidation they have a statutory duty to represent the creditors.
- Compliance issues make it impossible for them to advise you on matters such as personal guarantees. As a result they will often suggest a service such as that offered by PGUK.
- There are other organisations out there that claim all PG’s can be settled at approximately 30% of the claim.
- This is completely misleading, settlements are specific to your personal financial circumstances. Creditors are not stupid and will want to achieve the best recovery they can and this is totally dependent on assessing your situation.
- Failure to provide this with supporting documents will inevitably lead to the creditor getting frustrated and risking the costs of formal action.
Call us to discuss your situation and we will do our very best on your behalf.