VIC Prospa business loan guarantor

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Renee foxx

Member
16 April 2020
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Hi
i am currently a guarantor on a prospa business loan. The borrower has failed over and over again to pay and i have now been given paperwork to state that he is overdue in multiple payments. I have received maybe 3 phone calls for the whole duration of the loan to tell me he hasn’t paying i have text him and asked him to pay and he says he has.
Apart from that i have had barely any information on how much he was behind until today when prospa rang me to tell me the amount. Do i have legal grounds to sue or am i able to revoke my guarantee? I was also bankrupt at the time the documents were signed so not sure if they didn’t do their due diligence or i am at fault for not disclosing it seeing as I wasn’t asked?
Any help would be greatly appreciated . Thankyou additonial information the business has been sold but not the company that the loan is under he didn’t pay out the loan i am also still a shareholder of the fore mentioned company That is closed, but not wound down or anything.
Cheers
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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You gave a guarantee while you were bankrupt? That, let alone anything else, means you need to go and see a lawyer immediately for specific advice - in other words much more than you’re going to get here. You‘ll need advice on whether you’ve breached your obligations in bankruptcy, whether you’ve fraudulently misrepresented your situation to the lender, what rights and obligations you have under the guarantee, and what rights you have against the borrower. This is not a simple or easy exercise.
 
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