Student Housing Issue

Robbeg21

Lived in a house for a year with 2 other students, signing a joint liability contract with a guarantor, ended tenancy agreement then moved home after finishing university. One day I received a letter through the post from a debt collection agency saying that there was outstanding rent left on the property by the other two tenants and some cleaning costs added.
To cut a long story short one of the other tenants disputes owing anything but the other admits to a much smaller fee than what they are claiming. After a bad experience with the debt collection agency we ignored their calls and letters, to then receive a letter from the county court saying they would be taking action against this case. I have filled out the form and sent off a cheque of what I believe I owe, to then receive a letter from the debt collection agency thanking me for the money but stating I am still liable for the full amount they are quoting. I do not believe the other two tenants have taken action within the required 14days notice that the letter states.
My question is, even though it is stated on the forms I paid all my rent whilst living at the property and have paid my share of the additional cleaning costs and court fees, am I likely to get a CCJ against mine and my guarantor's name? And if so what is the severity of an order like this in terms of being applicable for loans, mortgages etc.

Thanks in Advance!

MEM62

There is no 'your share'. As you have stated you signed a joint liability agreement. Therefore, if the other students don't pay up it's down to you. In such arrangements if things go wrong it is usually the one that is most bothered about protecting their credit rating that ends up footing the bill. (Thereby also letting the others off the hook)

It certainly may not be fair but that is the nature of the agreement that you entered into.

If you are able to meet up with the others that shared the house with you then you might be able to come to an arrangement with them to get the matter sorted.

Robbeg21

Thank you for the reply, this was what I feared... Sorry I am completely clueless in this situation could you give me any kind of idea of the severity of having a CCJ enforced upon me as a result of them not paying? If it goes to court is there absolutely no chance of them taking a common sense approach and taking into account who has paid what?

Thanks

antonic

No,

The rental agreement you signed (along with the others) was to be joint & severally liable for any debt. (Google it).

As you have found this means that if the others cannot be traced or are refusing to pay, you are responsible for the whole debt.

I would suggest that you try to pay this debt (in full) if you can, and if you are still in contact with the others, try suing them through the County Court.

matttye

The severity of a CCJ:

- no decent credit for 6 years (including a decent mortgage).
- enforcement action on non-payment of a CCJ include 'attachment of earnings' (where money is taken from your wages before you get them), bailiffs, amongst others.

You signed a contract agreeing to be liable for the entire debt so you really don't have a hope of getting out of this in court. You should pay in full then chase the others for recompense.

danielanthony

Some mortgage companies also ask if you have EVER had a CCJ so something to consider.