Can I get out of being a guarantor for my ex girlfriend

MikeBritton1985

I will be seeing the solicitor at some point. its just good to see what other peoples opinions is.

anselld

MikeBritton1985 wrote: »

I don't remember purely because we are not on speaking terms! we had a massive disagreement on this because she asked my dad to be guarantor too and we all laughed it off... I know how crap she is with money so why on earth would I commit to it.

I agree with Marktheshark. Either it happened and its genuine or it didn't happen and its is a forgery. There is no way it happened and you forgot all about it.

theEnd

anselld wrote: »

I agree with Marktheshark. Either it happened and its genuine or it didn't happen and its is a forgery. There is no way it happened and you forgot all about it.

I agree too.

If you had a massive row when she asked your dad to do it, you'd have to remember if you went ahead and did it yourself.

So either you did it, or there's some serious fraud going on. GF and her mother(?) who was witness .... and possibly the LA.

barryboris

Just own up, did you sign or did you not. There's no way on earth you can just "forget"!

jaylee3

MikeBritton1985 wrote: »

As titled says....

yesterday I received a letter from my ex girlfriends letting agency informing me that she is in arrears on her rent.
She has been in the house almost 2 years now and I have first come across this.

First of all I do not remember filling out any forms and agreeing this as I was strongly against this as we were on bad terms. She is convinced I did fill it out etc and sign it.

After receiving the letter I phoned the letting agency up and they said they have the forms and would send me a copy. So I popped over to collect them and seen that it is filled out and what looks like to be my writing.... but still I have no memory of this.

One question I have is that if the forms are not correctly filled out could this void me being a guarantor?

(

Marktheshark wrote: »

I don't buy the "dont remember at all"
Sorry but signing a guarantor deed is quite an event, 3 people are required to be together, two to sign and one to witness both signing at the same time.
You would not forget that.

I agree too with Mark who said you can't have just 'forgotten it,' because there are all sorts of things you have to fill in, and there would have been the original request too (from the agency or landlord,) so surely you would have written back, and said 'NO.' And also they would have required your bank details, and your employer, and permission to look at your credit record. It doesn't just 'happen.'

So if you do not have any recollection of this, then something is very odd, because your could not be a guarantor without agreeing to it, because there are too many hoops to jump through, and things to sign.

So either she is a massive sneaky fraudster who managed to pull the wool over everyone's eyes, or you're not being completely honest with us OR you have a verrrrrry bad memory.

Don't think you can 'get out of it' if all the forms have been signed, and it's your signature.

MikeBritton1985

well put it this way when I looked at the forms I supposedly filled in I was shocked as I have never seen these before! yes its a big deal and I do not remember seeing these! and what is odd about it is that all the company details which are filled in are things she can easily get from the company website and there are no bank/building society details filled in... so how can there of been a proper check?

jaylee3

MikeBritton1985 wrote: »

well put it this way when I looked at the forms I supposedly filled in I was shocked as I have never seen these before! yes its a big deal and I do not remember seeing these! and what is odd about it is that all the company details which are filled in are things she can easily get from the company website and there are no bank/building society details filled in... so how can there of been a proper check?

I don't think your bank details will have necessarily have been kept on record, but when I was asked to be a guarantor several years back, (I decided to say no in the end!) they wanted copies of my last 6 months bank statements, my national insurance number, my employer details, and permission to access my credit record.

If all this has happened, and all the forms HAVE been filled in, and you don't remember filling it all in, then she must have forged it all.

If you can't prove you didn't agree, and that you didn't sign everything, then I don't think you have a leg to stand on.

G_M

The application form is irrelevant. I apply for things all the time. Some I get, some I don't.

What matters is the Deed itself. To be valid:

* it must say it is a Deed (which it does)
* it must have your signature (which you say it does)
* your signature must have been witnessed (which you say it is)
* it must be clear what you are guaranteeing - you don't say what the Deed says, but I imagine it is the tenants debts, obligations etc to the landlord as set out in the tenancy agreement)
* you must therefore have seen the tenancy agreement (you say you don't remember this, but you seem similarly to have forgotten signing the Deed, so it is quite possible you saw the TA)

You do not need to have been given a copy of the TA, or the Deed, to keep, though that would be usual practice. Indeed, your memory of the whole event is so poor it is quite possible you received copies and lost them!

MikeBritton1985

I have been on the phone to the company who deals with the referencing and they have nothing in my name or the house of which my ex is living in...... what could this mean then?

G_M

MikeBritton1985 wrote: »

I have been on the phone to the company who deals with the referencing and they have nothing in my name or the house of which my ex is living in...... what could this mean then?

What company? Letsure/Homelet/Paragon or similar? I'm amazed they gave you any information.

But if true, all that means is that

1) they did not undertake referencing in your name - that does not mean the Deed is not valid!
2) they did not undertake referencing fo anyone at the property - which suggest either a different company did it (there are 15+ that I know of), or the landlord did not do refrencing via a specialist company. Again, so what?