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 Can bank claim payment from guarantor ?

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T O P I C    R E V I E W
John.34 Posted - 09 December 2011 : 16:49:12
IF A BANK PUTS YOUR TOTAL OVERDRAFT INCLUDING A PORTION THAT WAS GUARANTEED INTO THEIR CLAIM CAN THEY THEN CLAIM PAYMENT FROM THE GUARANTOR FOR THAT PORTION OF THE
OVERDRAFT AFTER YOU HAVE BEEN DISCHARGED
2   L A T E S T    R E P L I E S    (Newest First)
debtinfo Posted - 09 December 2011 : 19:35:25
Yes the bank can claim from the guarantor up to whatever limit the guarantee gave even if "that debt" has been included in the original persons bankruptcy, this is because it is not the debt that is included in the bankruptcy but the persons liability, if another person also has liability for the same debt then the bank is free to continue action against that other person
Niobe Posted - 09 December 2011 : 18:55:43
As faer as I am aware the guarantor is liable for the whole of the debt, not just a portion of it. Hopefully one of the experts can advise.

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