have i become a gaurantor without knowing

dalby

my step son rented a flat with his girlfreind the landlord never asked for a deposit or anything but wanted a post dated cheque that was only going to be cashed at the end of the first month(as it was dated to that date)if my step son didnt pay when the rent was due but he never had a cheque book at the time so i wrote the landlord the cheque so my step son could move in, him and his girlfriend signed a contract as the tenancy was for 5 months .I did not sign anything apart from the cheque, well things didnt work out my step son left the flat before the 1st month told the landord and accepted taking his half of the rent every month untill the contract was up, so i stopped the cheque and because my son was late paying the next months rent i have received a letter from the landlord stating that i have to pay the amount that the cheque was for that i stopped otherwise taking me to court and stating that beacause i signed the cheque makes me my steps sons gaurantor but i never signed any contract, please help

RabbitMad

no - tell the LL to take a hike, however your Stepson is responsible for the FULL rent until the end of the 6 months.

dalby

yeh i know that my step son has to pay and i said to the lanlord that its nothing to do with me and that i just wrote the cheque but he told me that by me signing the post dated cheque that im the guarantor

saverbuyer

Sorry but there is no defence to a stopped cheque. By signing the cheque you have "promised" to pay something in writing. If it goes to court you'll be made to pay.

marliepanda

I would imagine you are guarantor for the cheque amount, but not guarantor in the sense that you are responsible for all of your sons rent if he bails on it.

Did you tell the LL you had stopped the cheque? Aren't their bounced cheque fees etc? If so I can see why he would be annoyed...

dalby

thanks so he can do me for the cheque but not as a guarantor

saverbuyer

No to being a guarantor. Yes to this specific cheque.

dalby

marliepanda wrote: »

I would imagine you are guarantor for the cheque amount, but not guarantor in the sense that you are responsible for all of your sons rent if he bails on it.

Did you tell the LL you had stopped the cheque? Aren't their bounced cheque fees etc? If so I can see why he would be annoyed...

when the lanlord agreed to just take my step sons half of the rent the ist month i rang him and told him that i stopped the cheque because he now has the 1st months rent but its because my step son is 3 days late in paying this months rent that i have received the letter .

vax2002

how many cheques have you written in total and what is the amount ?
To whom was this cheque given.
Please clarify .

dalby

vax2002 wrote: »

how many cheques have you written in total and what is the amount ?
To whom was this cheque given.
Please clarify .

ive only written 1 thou at first the lanlord wanted 6 post dated but i said ill give one untill my step son applied for a cheque book

maninthestreet

Some (all?) banks don't recognise post-dated cheques anyway - they will honour a cheque even if the date on it is sometime in the future.