Solicitors Letter

viking100

I have received a letter from a solicitor representing my sons former landlord demanding I pay a large sum of money, within 21 days. The letter states that I stood as guarantor if he defaulted. I did sign as guarantor for one year in 2002. A new tenancy agreement was signed by my son on a year by year basis, thereafter. This pertains to a property he rented. This former landlord has itemised the contents of the property. This was over six years ago. where do I stand? What advice could you give me?

kermitfrog

Find a solicitor or go to the Citizens' Advice Bureau. This is not the place to get reliable legal advice.

Crabman

If you have home insurance they may have a legal advice helpline (often available even if you haven't bought the legal expenses add-on), otherwise CAB is a good idea or a you could see a recommended local solicitor offering an initial 30 mins/1 hour appointment for free.

Premier_2

viking100 wrote: »

... The letter states that I stood as guarantor if he defaulted. I did sign as guarantor for one year in 2002...

What was the exact wording of the form of guarantee you agreed to?
Usually the form of guarantee is worded so that it not limited to a specific year, but applies to any rental by the named individual at the named address.

viking100 wrote: »

... This was over six years ago. where do I stand? What advice could you give me?

It could be the debt is statute barred. This would depend on whether the landlord has been trying to recover the money in the meantime. Even if the debt is statute barred, it is still owed, but the landlord wouldn't be able to enforce payment legally.

fermi

Premier wrote: »

It could be the debt is statute barred.

Possibly?

See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Premier wrote: »

This would depend on whether the landlord has been trying to recover the money in the meantime.

Why?

Premier_2

fermi wrote: »

Why?

...I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". ...

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

fermi

Premier wrote: »

...I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". ..

.http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

That has absolutely nothing to do with whether a debt may legally be statute barred or not.

It's simply the OFT's opinion on when it is fair or unfair for a creditor to ask for payment.

There are only a few things that will reset the 6 year period and prevent a debt becoming statute barred, and so a court being barred from enforcing it.

- An acknowledgement in writing and signed by the debtor (or their official representative) made within the 6 year period.
- A payment made by the debtor (or their official representative) within the 6 year period.
- A court judgement being obtained within the 6 year period.

Nothing else at all counts.

Although many debt collectors will lie about this, and as with many untruths, it gets repeated as if fact.

Premier_2

Seems somewhat pointless having it in the sample letter then, eh?

Unless of course the debtor was contacted and did acknowledge the debt.
Remember, the OP is not the debtor, but simply the guarantor for the debtor.

They certainly wouldn't have acknowledged it if they hadn't been contacted.

If they had been contacted but had disputed the debt, then the OP shouldn't pay anyway at least until such times as the dispute is resolved.

fermi

Premier wrote: »

Seems somewhat pointless having it in the sample letter then, eh?

Not at all.

There are a surprising number of cases where a debt collector resurrects an old debt that not been chased and the debtor has not heard anything about for well over 6 years.

Some are 15 years old or more!

In such a case, that statement is very very relevant.

Remember, that is a template letter, so is designed to cover a range of circumstances.

kermitfrog

OP I refer you back to my original post #2, and Crabman's follow-up #3.

fermi

kermitfrog wrote: »

OP I refer you back to my original post #2, and Crabman's follow-up #3.

Indeed.