Got screwed as the guarantor - Has anyone successfully sued?

harrys_dad

simontink wrote: »

I am in a similar boat.

Can I suggest you start a new thread with this rather than piggy back this one and then you may get some advice which is more relevant for your own situation.

Thrugelmir

There's sufficient difference between an application form and a guarantee form to be totally obvious as to it's purpose. Can see the court taking a dim view of your explanation should you contest it. As would appear that your son's intentions could be construed as preconceived.

simontink

My son told me what the landlord had told him. It was an application and it states this clearly on the form. It only asks for my work details of which there was no entry. he told my son to put in a few applications for guarantors in case mine was declined. I heard nothing ubtil now. The form is not countersigned. it does not mention the tenancy agreement, nor monthly costs. In fact it says nothing but the fact i have applied. How do i start a new thread please. New to here

simontink

not sure how to start a new thread as i cannot see where this is. Sorry but new to forum

roger196

The only possible route I can think of is unjust enrichment. I suggest you read http://www.alastairhudson.com/trustslaw/Restitutionofunjustenrichment.doc

For the amount involved and the likelihood of ever recovering any monies even if succesful, I would suggest forgetting about the matter.

Mokka

It this would make you feel better I would consider taking the ex-wife and her brother to Small Claims court. THis might turn out to be a waste of time. They court fee is very small and you do not need legal advice, so you wouldn't stand to lose much. But even if the court tells the plaintiffs to repay the money it might be difficult for you to force them to pay. So this attempt to right the wrong done to you might turn out to be futile.
Only you can answer the question whether this is worth pursuing- I imagine it would make your ex more hostile to you, might be tough if your kids are still living with her.

BitterAndTwisted

It would cost in the region of sixty quid to file in the small claims track. If the court finds in your favour and your ex and her brother don't pay up they will acquire a CCJ. This will prove to be a terrible handicap if they try to rent another property in the future and this could have a profound impact on your children in the future.

If you lose you've wasted sixty quid.

moneyistooshorttomention

jjlandlord wrote: »

If you don't want the liabilities that come with being a guarantor, don't be a guarantor.

Whilst I get the point made...I would imagine the vast majority of people requiring guarantees have conned the guarantors into that position. I know the person who was trying to free-ride on my financial position by getting me as a guarantor told me the lie that signing the bit of paper concerned was just to say that I actually knew them!!!!!!

They were trying to con me into signing as a guarantor for them and specifically telling me that it didn't mean my own money was at risk. In hindsight...I'm damn sure they did know my money would be at risk and were deliberately lying to me.

Fortunately, I was aware enough, that I ensured I protected my finances and didn't sign up for having a money grab on my finances by the lying little so-and-so concerned. However, I am pretty sure there are many people requiring guarantees out there telling a pack of lies to a "guarantor" that it really doesn't matter if they just sign a piece of paper:eek::(

I'll admit that my first reaction to having been told subsequently that they had died was just sheer relief...just in case they had somehow managed to "tie me" into THEIR financial situation somehow.

BigAunty

In England, I believe that the standard way to enforce payment of a court judgement is to get an attachment of earnings where the repayments are deducted from source with the employer. It's often considered a waste of time to seek enforcement from someone on benefits as they tend to pay tiny sums each week.

However, many people seeking to shrug off enforcement of a small claims judgement will simply change jobs, thereby forcing the claimant to have to return to court again from scratch.

Does the OP have any other ways of enforcing a possible judgement in their favour?

maninthestreet

simontink wrote: »

not sure how to start a new thread as i cannot see where this is. Sorry but new to forum

http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=16