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

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Comments

  • GDB2222 wrote: »
    I knew that I should only ever have said nice things about mortgage brokers. Now you're getting your own back. Of course people can't rely on my opinions - unless they are prepared to pay my fees.


    PAY YOU: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:

    I have just read your post with Northeast1976 in relation to SARB (sell and rent back ) where you were pretty much WRONG about every thing you stated i wouldnt pay you a penny :rotfl:

    pepole if you want a giggle find the post between GDB222 & NORTHEAST1976 (sell and rent back or could be sale and rent back) and then make your own mind up if you would pay GDB222 a fee let alone thank him/her for his/her opnion NOTE he/she stated opinion not adivce as probably can not advise:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: LMFAO:rotfl: LMFAO:rotfl: LMFAO:rotfl: LMFAO:rotfl: LMFAO:rotfl:


    To Save you searching heres the link http://forums.moneysavingexpert.com/showthread.html?t=1221567&page=2&highlight=gDB222

    lookout for the youtube post in one of the replies half way through the thread by GDB222 it will have you in stitches but NORTHEAST'S youtube reply is well just priceless
    I am a Mortgage adviser AdvCeMAP,CeCM,CeRCC,CeRER
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Don't go to court, you will lose and have to pay the other sides costs!
    The court will look at all the compenents of the contract, and see whether they have been satified. Generally speaking, as you are a person of full capacity, you are bound to an agreement!
    Courts generally take a dim view of defendant claiming non est factum mistake. Its not a good defence.

    edit/ only thing you could say is that the gf fraudulently signed the contract agreement? But then that would be a criminal offence, which the police would have to get involved with. Then you have to prove it beyond reasonable doubt, which will be close to impossbile, only then you can wiggle out of your responsibilities. So there isn't an easy way out.
  • rl290
    rl290 Posts: 316 Forumite
    Part of the Furniture Combo Breaker
    My two cents:

    1) Review the original tenancy agreement (I assume you have a copy) and check what should have happened if they stopped paying rent. Perhaps their deposit covered one of the months in question (where has the deposit gone?).

    2) Am I right in thinking that you agree with the view that you are indeed morally liable by signing the form BUT want to try and discover some legal technicality such as there being no witnesses?? !!!!!!? What a great role model. You are clearly liable to pay, so take it like a man and not a weasel.

    3) Sorry, explain this to me again... why did you agree to be guarantor to your son's gf and her friend?? The last time I rented with friends, each of us had a separate guarantor. After your son broke up, why did you not try and withdraw your status as guarantor? (While "I forgot" may be understandable, it is not particularly helpful)

    4) Out of interest, where does your son stand on this?
  • Depends what the rent amount is but by offering a 50% lump sum (or 2 months) instead of an extended period to pay the whole amount then you may save yourself some money and hassle.
    Nothing to see here :beer:
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    You should make sure they have attempted to find her and get the rent from her, and have done all they can to mitigate their loss.
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