Got screwed as the guarantor - Has anyone successfully sued?

jjlandlord

moneyistooshorttomention wrote: »

Whilst I get the point made...I would imagine the vast majority of people requiring guarantees have conned the guarantors into that position.

You do not 'con' a person into being a guarantor. It requires an explicit, clearly worded, agreement.

People who sign anything without reading it first are not conned, they are just stupid.
That said, this provides them with a valid defense to argue that the guarantee is not binding: courts usually want to be sure that the person fully understood the document.
Hence why a guarantee should be executed as deed, with legal advice and solicitor as witness. That way there is no wriggle room to avoid paying up.

lionyard

BitterAndTwisted wrote: »

If you lose you've wasted sixty quid.

I have to consider the possibility of losing the case, and how much enjoyment she'd derive from that. From what I can see from the responses here so far, my chances of winning are a lot less than 50%. Maybe it's better if I just hold in my head the blind rage and hatred I have for her and her pathetic brother and let that carry me towards insanity in my old age

Lord_Baltimore

lionyard wrote: »

I have to consider the possibility of losing the case, and how much enjoyment she'd derive from that. From what I can see from the responses here so far, my chances of winning are a lot less than 50%. Maybe it's better if I just hold in my head the blind rage and hatred I have for her and her pathetic brother and let that carry me towards insanity in my old age

At £2500, it wasn't a cheap lesson but it could have been much worse.
Put it behind you or you could heap an even bigger cost upon your own well being and they'd just love that wouldn't they?
Not chasing this money is a better long term decision. And don't go guarantor again!

camptownraces

OP
take comfort from the fact that your children were housed. they may realise that they have you to thank for this.

[Deleted User]

lionyard wrote: »

I have to consider the possibility of losing the case, and how much enjoyment she'd derive from that. From what I can see from the responses here so far, my chances of winning are a lot less than 50%. Maybe it's better if I just hold in my head the blind rage and hatred I have for her and her pathetic brother and let that carry me towards insanity in my old age

Seems like you have an excellent case. They cost you money, and the court should ask them to return it to you. The only hard part is collecting, but if you enjoy revenge it can be quite enjoyable to set the bailiffs on them and have their sofa carried off in front of the neighbours.

moneyistooshorttomention

camptownraces wrote: »

OP
take comfort from the fact that your children were housed. they may realise that they have you to thank for this.

Well do make a mental note that you will tell them that fact OP once they are old enough to understand the situation.

Generali

Hi OP.

Sorry I can't help with your problem but if I were you I'd post here:

http://boards.fool.co.uk/legal-issues-practical-51110.aspx?mid=12980096

there are a couple of lawyers that post on there, clitheroekid is especially good. If you post there and stick to the facts (the law doesn't care if you're angry or insouciant about your loss) then you'll likely get a reply from him.

regprentice

Not a lot of advice for guarantors .. best i could find for op was this

http://www.moneyclaimsuk.co.uk/helping-people-like-you/I-signed-for-a-loan-as-a-guarantor.aspx

Personally i would have assumed you required a contract with your ex (even a simple handwritten one) to create a legal contract and demonstrate the intention to repay. However for the sake of 60 quid i dont see the harm. Its a simple process for small claims and you might find it quite cathartic.

Your ex is going to come across this problem again so make sure you dont allow anyone else you know to fall into the same trap. More and more landlords are requiring either rent guarantee insurance or guarantors as a matter of course. In 5 years i can see this being the norm for all tenants.

SnooksNJ

lionyard wrote: »

I have to consider the possibility of losing the case, and how much enjoyment she'd derive from that. From what I can see from the responses here so far, my chances of winning are a lot less than 50%. Maybe it's better if I just hold in my head the blind rage and hatred I have for her and her pathetic brother and let that carry me towards insanity in my old age

Since personality traits are amplified as you grow older making their lives a living h*ll in their golden years sounds like the best plan.

martinbuckley

Deduct it from any maintenance you pay her.