Fraud of signature on guarantor agreement!! Help?!

bstimo

i am real need of some expert advice please. My husband has recently found out that he has been put down as a guarantor which he has never excepted and also never signed. he signed a reference for the people who we know but refused to be a guarantor. they now owe rent on there old place and the estate agents are after the money and have been in contact. obviously to our surprise we were shocked and argued this as my husband has never been in to the estate agents to sign anything, never received any documentation of tenancy agreement etc. we have asked for cctv and any proof of him actually going there to sign these documents (which they have said he would have had to go in to sign) but they cant provide us with anything. we got the police involved as they have committed fraud and they investigated it but just came back to us with documents which had a signature on, what kind of looked like my husbands and the police said there was nothing more we could do except get a solicitor involved and take them to court. we also spoke to citizen avice bureau and they have told us the same. we have been in touch with the people and they said they were going to pay it etc but now they are just refusing all our calls even the estate agents. We know if we paid the money outstanding (which we cant as dont have it but which we dont want to as it is not our fault as never agreed with it) and then take them to court over it that they would never turn up and never get the money back. The witness from the estate agents who witnessed who ever was acting as my husband now does not work for them and they will not get in touch with him unless we went through solicitors. this is tearing me apart as they cant actually prove that my husband actually went in there or not. as my name is not on any paper work they are refusing to speak to me. so any advice or help would be much appreciated please

Bantex_2

Just tell them to take you to court and prove it.

MartynK

The more experienced people will tell you,

But these need to be witnessed to be valid.
Because it was done for you, there probably isn't a witness signature (Unless the LA is also committing fraud) so it wouldn't stand up in court

kingstreet

Was the guarantee executed as a Deed?

If not, it isn't legally binding.

What identification did they obtain at the time of signing?

Did they even verify the person was who they said they were?

Pandilex

Yup, the onus is on *them* to take *you* to court to prove that your husband acted as guarantor.

And no-one in their right mind is going to believe that a bunch of people who have done a runner with no rent and refuse to get in touch didn't try something shady like forging a signature.

It is likely if they went to a solicitor to pursue legal action that the solicitor would tell them it's a waste of time as it looks like they forged the signature.

bstimo

The estate agents are refusing to provide us with anything. If we end up taken to court and loose, we can't afford the costs! My husband is planning to go in on Monday to ask to see all the documentation and actually ask what ID they have got on file because I thought some kind of ID number would have had to be taken.

BitterAndTwisted

A guarantor agreement has to be drawn up as a Deed and WITNESSED. If your OH never saw it, signed it, or a signature was given by someone else who was that witness?

It's possible that they've photocopied the signature from the reference which was given onto their document, but if it goes to court they will have to present the original document plus the witness in person to verify.

To be honest I think the agent is flying a kite. Wait till you get the court summons (which I suspect will never come).

bstimo

Maybe i should tell my husband to tell them to take us to court then but I'll ask what actual proof they can actually give us because I read some where by rights they have to give him that

quidsy

Do not call or deal over text, put pen to paper, send recorded delivery, deny signing the guarantee & ask for them to provide proof of identity at time of signing & any other cctv or staff affidavit that it was your husband who signed in the presence of witnesses. Do not communitcate unless it is recorded delivery letters. Then ignore them until they come up with something tangible.

bstimo

I don't want to be waiting for a court summons to come through as it's tearing me apart at the moment and just want it all over :-(

bstimo

quidsy wrote: »

Do not call or deal over text, put pen to paper, send recorded delivery, deny signing the guarantee & ask for them to provide proof of identity at time of signing & any other cctv or staff affidavit that it was your husband who signed in the presence of witnesses. Do not communitcate unless it is recorded delivery letters. Then ignore them until they come up with something tangible.

That is a good idea... I'll get him to do that straight away thanks