Over recent months, we have seen a surge of cases involving Capital on Tap personal guarantees (“PGs”), often pursued with surprising speed and little scrutiny. What is particularly concerning is the creditor’s reliance on automated procedures: marking a client’s credit file, escalating to third party collectors and even assigning the PG debt to outfits such as Azzurro Associates, (or Shire Recoveries or Moorcrofts or Solaris Law who act on Azzurro’s behalf) before clients have had a fair opportunity to challenge enforceability.
The moment to act is early. Once assignment takes place, the ability to raise challenges can become muddied in a sea of secondary documents and shifting responsibilities. By the time your credit file is marked or your case lands with a recovery agent, you are already on the backfoot.
And yet, time and again, when we obtain the documents Capital on Tap rely upon, we discover multiple procedural deficiencies which require resolution to justify any lawful basis for actions then taken.
These are not minor oversights. They go to the heart of whether a PG was ever present at the first – let alone validly executed. But unless those points are raised before the lender exercises rights to your detriment, practical damage may already be done in terms of your credit file. Costs incurred in attempting to defend your position or seek amicable settlement, including reversing a mark once made, are also likely to increase the later matters are left unresolved.
That is why instructing us early is critical. We frame the challenge directly, while Capital on Tap still retain control of the account regarding the Personal Guarantee– inviting cooperation with the addressing of procedural flaws before they can pass the problem on. Waiting until after assignment or until a default is plastered across your credit file is often waiting too long. Just as framing rightful challenges in an incorrect fashion (whether led by AI or inexperience in such matters) can, and often does, squander valuable time and leave us to step in later attempting to mitigate higher costs in resolution.
That said, we undertake clients at every stage of the journey – whether directly with Capital on Tap, or with an assignee such as Azzurro (Solaris / Shire), Moorcroft, or others. The sooner the better is always the case and our commitment remains the same: to achieve the best possible result under the circumstances and within affordability of our clients.
If you are facing a Capital on Tap PG demand, or fear one may be around the corner, the message is simple: move quickly and make the challenge count before automated processes do the damage. Contact us HERE
