very worried about my dad

catdavlee

For your information i am not expecting my dad to pay anything i stated this in my initial post that i will take responsibility for the payments all i was asking of people was whether he would beable to get the monthly payment reduced as i lost my job when my husband lost the pub and before anything is said there i have been out of work for one month and have so far applied for around 20 jobs i would never consider sherking my responsibility. I would like to thank all those who have sent helpful replies and those who have not judged us in a bad light to the certain few who have you are wrong in doing so. My husband never expected my dad to pay the loan and still doesnt

Radiantsoul

catdavlee wrote: »

could you tell me what you mean by in writing as i have found original loan agreement and cant see anything at all

Personal Guarantees(PG) are only enforceable in writing. Your father will have signed a document accepting liability, and you should ask the bank to produce it. The PG will be a seperate document, probably on the banks standard forms.

catdavlee

hi
my dad never signed a document at all so what does this mean ?

nervousmother

It could mean that he is not liable for it.
Wait until the bank contacts your dad (if they do) at that point your dad needs to ask the bank to proove that he is liable. to produce documentation with his signiture.

Radiantsoul

catdavlee wrote: »

hi
my dad never signed a document at all so what does this mean ?

Assuming this is correct then he is not liable for the debt. But if he was in the room then why didn't he sign? I can't believe the bank would forget this - after all I presume that was why he was there! On the other hand I can't see why the bank would bother to take a guarantee from someone who was rapidly approaching retirement age and who had no assets.

Banks do occasionally lose these things.

pebblespop

can you not take out a new loan in your name and settle the old loan. then your dad will be clear.

tigerfeet2006

I think you need to get some professional advice on this Cat. It is quite a complicated situation. Get in touch with a debt charity and go through your options.

At the moment I would suggest working out how much you can afford. Your Dad to write to the bank with the offer and a cheque for the amount and then keep up those repayments no matter what tey write to you. If they take it to court for a CCJ then you have proof of payment and how a SoA of your circumstances showing this is all you can afford.

If you go over to DFW they may be able help you pare everything back to the bone so you can chuck as much as possible at it.

But see what everyone else says. Mine is just one take on the matter.

ETA: Just read back to see you say your dad did not sign anything but earlier on you say he did?? Which is it?? Post number 4.

Radiantsoul

tigerfeet2006 wrote: »

ETA: Just read back to see you say your dad did not sign anything but earlier on you say he did?? Which is it?? Post number 4.

To me that is the key point. If he didn't sign then why bother doing anything.

tigerfeet2006

I agree RS, but she has contradicted herself. I n post 4 she says he did

The problem we have with the whole situation is that wen my dad and husband (i was there too) were in the office signing up for the loan before my dad signed anything he specifically asked whether he would be liable and the lady dealing with it said profoundly NO he said that if he was he would under no circumstances sign and she assured him this was not the case.

then in another post she says he didn't.

hi
my dad never signed a document at all so what does this mean ?

So which is it? If he hasn't then they can do !!!!!! all, but if he has then they will chase. From experiance on here they will start to chase quite agresivly and will not generally be very resonable.

Advice from someone like NDL is definatly a must in this situation me thinks.

Radiantsoul

tigerfeet2006 wrote: »

Advice from someone like NDL is definatly a must in this situation me thinks.

I would be clear first whether the damned thing was ever signed! Otherwise it is a bit of a waste of their time. It strikes me it is a matter of fact rather than a legal opinion.