Can I Find A Legal Loophole In This Guarantor Form I Signed.. Court Case Next Week

GDB2222

Just to clarify the above.

I think you have an argument about whether there was consideration under the contract, and indeed I think that's the only argument you have.

Don't get the judge's back up by arguing no-hope points about faxing and originals.

Do get advice about the consideration argument and how best to present it.

Catti

Make an offer to settle before Court at half the claim!

Unclepetey

As GDB222 says, I think you have an argument about the validity of the guarantee. That is the "legal" answer.

The "in consideration" wording is odd and isn't necessary in a deed. To be honest you could probably spend thousands in legal fees trying to resolve it and don't expect a County Court judge to be sympathetic if your argument is a technicality (which it appears to be).

If I were the landlord and the County Court Judge's decision went against me I would have no hesitation in taking it to the High Court - where the costs start getting really scary.

The non-legal answer is therefore to pay up now to save more pain later. If you can afford to do it, I'd suggest that as the least-pain approach.

If you do decide to contest the consideration point, please don't raise issues about fax copies/originals. You will lose any credibility your consideration argument might have.

GDB2222

Catti wrote: »

Make an offer to settle before Court at half the claim!

The OP needs to know where he stands first. If he has no real chance of winning, he may as well offer at least 80% as the case is due to be heard next week. If he has an excellent case, then maybe 50% is much too high?

GDB2222

Unclepetey wrote: »

If I were the landlord and the County Court Judge's decision went against me I would have no hesitation in taking it to the High Court - where the costs start getting really scary.

If you were the LL you would presumably be mad to do that if the legal position was clear-cut and against you?

Catti

GDB2222 wrote: »

The OP needs to know where he stands first. If he has no real chance of winning, he may as well offer at least 80% as the case is due to be heard next week. If he has an excellent case, then maybe 50% is much too high?

Very valid point. I have just dealt with a claim similar to this and we ended up settling because the arguments put forward for the Landlord were pretty convincing! But as you illustrate - every case is different. And the consideration issue here may be more valid as neither OP nor his close family derived any actual benefit....?

longtimelurker_2

yeouch, expensive lesson!

drv1981

hi, could the benefit be that the acceptance of the two tenants, one of whom my son was dating at the time, and his friend was my consideration for his detriment.. or that my consideration is simply their consideration that was transferable to me?

maninthestreet

drv1981 wrote: »

hi, could the benefit be that the acceptance of the two tenants, one of whom my son was dating at the time, and his friend was my consideration for his detriment.. or that my consideration is simply their consideration that was transferable to me?

You really do need to speak to a solicitor. Relying on free legal advice from people who post in this forum is extremely risky.

eightball_2

What is it with people and this site recently!!??

Every bodys trying to wriggle out of somthing, its never there fault always some one elses

you signed, you pay, its your fault and stop blaming some one else:mad:


ooooow actualy i signed my mortgage application form by mistake do you reckon i could get out of paying my mortgage?!! :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: