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 Can bank claim payment from guarantor ?
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John.34
Starting Member



1 Posts

Posted - 09 December 2011 :  16:49:12  Show Profile  Visit John.34's Homepage  Reply with Quote
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

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 December 2011 :  18:55:43  Show Profile  Reply with Quote
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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debtinfo
forum expert



2826 Posts

Posted - 09 December 2011 :  19:35:25  Show Profile  Reply with Quote
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
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