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

135

Comments

  • feisty1
    feisty1 Posts: 1,487 Forumite
    ye......... they either want to wriggle out of paying/cry mis-selling or want free legal/financial & mortgage "advice"..........It is amazing how people will come on an internet forum and trust the words of others!.........I wonder if they get the wrong "advice" if they come back on here looking for compensation!
  • drv1981 wrote: »

    IN CONSIDERATION of your having agreed of my request to accept "Tenant A" and "Tenant B" as the tenant of your house...

    The LL signed up Tenants that he would not have otherwise signed without your guarantee. That is your consideration. As for the guarantor document being witnessed, that will make no difference. Unless of course, you're going to claim it's not your signature ???

    Looks like the LL was right in asking for a guarantor ! Don't think you've a cat in hells chance of winning, and neither should you IMHO.
  • pinkshoes
    pinkshoes Posts: 20,594 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Surely your son must have some idea where his ex and her friend are? Facebook? Bebo?

    You should pay the rent (put yourself in the shoes of the landlord who has lost out on £2000 here), then attempt to claim back the money through the small claims court, but you will need an address of one of the girls to do this.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    I think you'd end up paying more for a solicitor to review it than you have a chance of getting back. So, would settle.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    dvr1981 - as well as your postings on LLzone you seem to have two MSE threads going on this issue: are you going to keep opening new ones until someone says something that supports your own thinking on it all?

    http://forums.moneysavingexpert.com/showthread.html?p=17833913#post17833913

    Your best bet is to find a good solicitor with appropriate LL & T experience, and take their advice.
  • Please do post back with the results (if it gets to court)

    Although in my personal view (if you take it all the way) you are going to end up paying all the rent thats due + all the costs associated with court, so I hope you've got some sort of financial backing for this, as I can see legal costs dwarfing the money you are arguing about....
  • lil'H
    lil'H Posts: 514 Forumite
    You signed the form, you should pay. Although morally it's wrong the situation the gf left you in. I have no doubt that her and her friend could be tracked down if you tried hard enough, if your son is on facebook at least one of his mates will have her listed on their firends list. You've left it a bit let to do this though, had you done that in the beginning you'd have been able to give her address to the landlord.

    Expensive lesson learnt, never ever act in good faith for someone when it comes to money, unless in my opinion it's family.
    Riding out the receession.........
  • cats!
    cats! Posts: 267 Forumite
    Bet the LL is glad he is out of pocket (not)!

    You signed a legally binding document and I'm assuming this was not done under duress? Pay what you agreed to pay and then trace the ex-gf and her friend.

    This post does you no favours.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Suggest your son repays you over a period of time. Maybe give him the incentive to trace his ex gf himself.

    Can't believe that the GF disappeared without trace. This is something that the Court would question though not relevant to the case.

    The tone of your post sounds like an attempt to wiggle out of the rent arrears ( and guarantee) rather than all parties face up to their responsibilities.
  • GDB2222
    GDB2222 Posts: 26,365 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    feisty1 wrote: »
    ye......... they either want to wriggle out of paying/cry mis-selling or want free legal/financial & mortgage "advice"..........It is amazing how people will come on an internet forum and trust the words of others!.........I wonder if they get the wrong "advice" if they come back on here looking for compensation!

    Look at my sig.
    No reliance should be placed on the above! Absolutely none, do you hear?
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