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£30k shortfall. Please read..

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  • kingstreet
    kingstreet Posts: 39,266 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This seems to hinge on a simple question;-

    "Did this person sign the mortgage deed, as the debt collector alleges?"

    If he did, he's liable.

    If he didn't, he isn't.

    The matter requires investigation to establish exactly what has happened here.
    I am a mortgage broker. 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. Please do not send PMs asking for one-to-one-advice, or representation.
  • holly_hobby
    holly_hobby Posts: 5,363 Forumite
    1,000 Posts Combo Breaker
    If you know you acted as guarantor, you can't submit a SAR as you are not the account holder - if you are not sure, submit a SAR and see what turns up.

    If it turns out you were gtor, you are entitled to, and they would need to prove in court, that you agreed to be gtor, which makes you legally responsible for the mge and any sfall, just as any mortgagor would be. So they would need to provide a true copy of the original guarantor legal documentation in support of their claim.

    They sending an apparent cobbled together statement is not proof of your liability, do no pay anything until they prove you are legally responsible, as if you make any payment you are deemed to have accepted responsibility for the debt.

    Hope this helps

    Holly
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