All six questions

MY PERSONAL GUARANTEEHAS BEEN CALLED INWHAT CAN I DO?

The Company's liquidation does not affect a personal guarantee, if the Company cannot pay the liability.

The lender now deals with you, not the business.

This is the demand most Directors dread. It is also one where early, open engagement genuinely changes the outcome — and where a formal arrangement can bring the whole thing to a defined end.

Deal with it before enforcement starts, not after.

A Director reading a formal demand letter from a lender

4 THINGS EVERY DIRECTOR SHOULD UNDERSTAND

01

WHAT THE LENDER CAN DO

An unsecured guarantee is enforced like any other personal debt — judgment first, then enforcement.

A guarantee secured on your home is different and has consequences if you have equity in the property. At best, you can negotiate informally, or consider an IVA and at worst, bankruptcy may be forced on you.

Which type you signed changes everything.

02

CHECK THE WORDING FIRST

Some guarantees cover one facility. Others cover everything the Company ever owed that lender.

Caps, time limits and the way it was signed all matter, and none of it is visible from memory.

Get the actual document before you respond.

03

SETTLEMENT IS COMMON

Lenders regularly discuss reduced settlements where a Director engages early and is open about what they can afford.

Silence removes that possibility almost entirely.

The first conversation is the valuable one.

04

IT MAY NOT BE YOUR ONLY DEBT

Most Directors facing a called-in guarantee may have an overdrawn Director's loan account and other personal unsecured debts.

Dealing with them separately rarely produces a workable answer and you would be advised to take independent personal advice, as we would be conflicted acting for the Company and you.

One arrangement can cover all of it.

A GUARANTEE IS A DEBT, NOT A VERDICT.

It can be negotiated, it can sometimes be challenged, and it can be included in a formal arrangement alongside everything else.

THE LENDER IS ASKING FOR EVERYTHING AT ONCE.

That is their opening position. It is rarely where these end up.

Lenders would generally rather recover something sustainable than force an outcome that recovers nothing.

What matters is showing them a realistic picture early, with evidence behind it.

5 THINGS TO AVOIDDOING WITHOUT ADVICE

  • 1

    Don't ignore the demand

    Enforcement follows silence, not negotiation.

  • 2

    Don't sign anything new

    Fresh security or a revised guarantee can widen your exposure.

  • 3

    Don't pay one lender and not another

    Uneven payments cause problems if a formal arrangement follows.

  • 4

    Don't transfer your share of the house

    Transfers under pressure are routinely unpicked.

  • 5

    Don't treat it in isolation

    Your loan account and other debts belong in the same conversation.

HOW WE CAN HELP YOUUNDERSTAND YOUR POSITION

  • Exactly what your guarantee covers
  • Whether it is secured, and against what
  • What the lender can realistically enforce
  • How settlement discussions usually work
  • Whether the guarantee is open to challenge
  • How it fits with your other personal debts
  • Whether a formal arrangement is the better route
  • What you should – and shouldn't – do next

SPEAK TO US FIRST.

A confidential discussion today could help protect you tomorrow.

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If you know the firm's name, it helps us respond properly.

THIS WEBSITE PROVIDES GENERAL INFORMATION AND DOES NOT CONSTITUTE LEGAL OR INSOLVENCY ADVICE. Your position depends on the individual circumstances of each Company and Director. You should obtain advice from an appropriately qualified professional, including a licensed insolvency practitioner where appropriate.

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