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Capital on Tap Personal Guarantee enforceability issues

In dealing with so many CapitalOnTap credit card agreements to businesses over the years, we have seen a number of issues that has cast doubt on enforceability from time to time. A recent emerging issue appearing more frequently is a disparity between the credit agreement that was signed by the company and the agreement which Capital on Tap seek to rely upon to enforce an alleged personal guarantee, and the non-alignment of their metadata and email correspondence.

This includes the production of documents that personal guarantors have been alleged to have signed online that are at variance with any agreements that existed at the time of the alleged signing, and a number of alleged “new” agreements that have been purported to be put in place to consolidate previous agreements. It is early days, but the number of incidents appear to be increasing and potentially systemic.

This, coupled with the marking of personal credit ratings of limited company business defaults when no actual lending agreement existed between the individual and Capital on Tap (being the trading name of New Wave Capital Ltd), along with the general aggression and apparent stone-walling many of our clients have witnessed from the Capital on Tap collection team, particularly since the end of 2022, makes for an interesting development in dealing with Capital on Tap, those agents who collect on their behalf, and those firms Capital on Tap sell their debt to such as Azzurro Associates and Lowell Portfolio and related companies.

If you are being pursued or know those that are with regard to a Capital on Tap personal guarantee, please contact us HERE or call on 020 7754 3662

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