Guarantor and possible documents forged with advice from letting agency

ed1su

hi all

Thought I better start my own thread

Guarantor filled in student and guarantor referencing application i.e my name, address. Bank details for credit check.! Employment details.. salary. Forms were given by tenants father and given back to him. Give photocopies of passport for I'd.

After that guarantor never heard anything from letting agencies...never saw the tenancy agreement or the address of the property or dates. Never had any communication with letting agency.

On the day of going to sign the contract Guarantor never went to the agency to sign the contract.

It's a student tenancy... For health reason the student left the university November 2013.

24th January 2014 guarantor had an email from letting agents saying that as a guarantor and payment for 2nd semester is due. That tenant handed keys in November

Guarantor emailed back stating that he filled out an application for guarantor referencing form and didn't see or sign the contract for tenancy agreement.

Can they send him the contract. Letting agent emailed student and guarantor referencing application.

Guarantor replied back stating that this an application form and need to see tenancy agreement. no reply back from letting agents. So assumed that was end of matter.

In October 2014 the tenant in question received money claim and stating that the guarantor is responsible. The agency is taking the tenant and guarantor to money claim court.

In mean time guarantor asked the tenant why they! chasing me. The tenant explained since you didn't go to sign the tenancy agreement letting agencies got the tenant father to sign using guarantor signature.

Guarantor contacted the letting agencies again stating above to send a signed tenancy agreement.

Guarantor also asked them to supply an documents they have of him under the data protection act. After forty days passed guarantor didn't hear from them and give them another 14 days to send them the documents.

guarantor contacted information commission officer stating the letting agencies are not giving him any documents that has his information.

In November 2014 letting agencies eventually emailed guarantor saying that since you couldn't make it to sign the contract and photocopy of your passport makes you liable to pay as a guarantor.

Guarantor asked for the contract this time they emailed him blank tenancy agreement. It contains name of 5 tenants and space for guarantor signature for each tenant. But no names of any of the guarantor.

Guarantor replied back that the tenancy contract doesn't mention his name as a guarantor.

There is court hearing for tenant as well as guarantor have court date in February 2015. According to judge instructions all the party has to sends the documents to court as well as other party. Guarantor sent his documents off but letting agencies have not so far.. they are close to 14 days before hearing. Guarantor doesn't know what ground they using.

Tenants father agreed to attend the hearing and say he was asked to sign the contract. Which he written as a witness statement.

In meanwhile information commission office looking at agencies for not supplying info. Information commission said they waiting for a reply back soon and hopefully they will make their decision by next week.

So far guarantor have not received any documents. So if by Saturday he doesn't receive documents as the direction given by judge what does guarantor does he contact court?

One option is the the guarantor can get police involved for forgery but without seeing the documents bit difficult.

Can the letting agency can have a case without tenancy agreement against guarantor. Since the letting agency after 11 months of hassling them they admitted the guarantor wasn't there to sign the contract that photocopies of passport makes them liable.

Any advice will be appreciated.

Ed1su

Pixie5740

So to be clear, the tenant's father didn't sign his own name but forged your signature instead? Naughty naughty.

If the guarantor has not signed a Deed of Guarantee after seeing a copy of the tenancy agreement then the guarantor hasn't guaranteed anything. The LL is free to pursue the tenant but this "guarantor" isn't a guarantor again. This "guarantor" should also be mightily !!!!ed off with the tenant's father for forging his/her signature. Does the forgery look anything like the guarantor's signature.

benjus

Was it executed as a Deed? If so, who witnessed the signature?

ed1su

Pixie5740 wrote: »

So to be clear, the tenant's father didn't sign his own name but forged your signature instead? Naughty naughty.

If the guarantor has not signed a Deed of Guarantee after seeing a copy of the tenancy agreement then the guarantor hasn't guaranteed anything. The LL is free to pursue the tenant but this "guarantor" isn't a guarantor again. This "guarantor" should also be mightily !!!!ed off with the tenant's father for forging his/her signature. Does the forgery look anything like the guarantor's signature.

Letting agency won't send the contract so no way of seeing who signed the contract. The father told the guarantor that since you didn't go to sign the contract they asked him to sign in your name he says he told them no. They said it's only paper work. So he signed at the request of the letting agency... Who are taking the tenant and guarantor to small court at same time.

They have sent no documents yet.. which judge directed all parties to do so before 14 days of hearing.. which is on 12th Feb.

Ed1su

ed1su

benjus wrote: »

Was it executed as a Deed? If so, who witnessed the signature?

No idea if their is a deed. Guarantor wasn't there. He doesn't know what forms where signed.

Pixie5740

If someone told him to jump off a cliff would he do that too? I don't care who it was (especially a letting agency) but I wouldn't sign someone else's name on an official document.

Hopefully the forgery is nothing like the alleged guarantor's signature. The bottom line is that the guarantor has not signed a properly executed and witnessed Deed of Guarantee so cannot be held liable for any rent owed.

ed1su

Pixie5740 wrote: »

If someone told him to jump off a cliff would he do that too? I don't care who it was (especially a letting agency) but I wouldn't sign someone else's name on an official document.

Hopefully the forgery is nothing like the alleged guarantor's signature. The bottom line is that the guarantor has not signed a properly executed and witnessed Deed of Guarantee so cannot be held liable for any rent owed.

On courts paper the asked judge if they can request the contract from letting agency since they are not sending him copy..

Also if guarantor is not liable and can he claim expensive back form letting agency.. day off work.. travel costs since the hearing is in another city

RAS

has the guarnator asked for the case to be moved to their city? If not, that might be a good idea.

Guest101

ed1su wrote: »

On courts paper the asked judge if they can request the contract from letting agency since they are not sending him copy..

Also if guarantor is not liable and can he claim expensive back form letting agency.. day off work.. travel costs since the hearing is in another city

Yes he can.

Since a company is taking an individual to court, the court should be the one nearest to the individual.

ed1su

RAS wrote: »

has the guarnator asked for the case to be moved to their city? If not, that might be a good idea.

Guarantor did on the court forms. The court selected in a middle city.. over an hour train or one and half an hour by car.


Since hearing on 12th Feb judges instructions were to send papers to all the parties.. Guarantor still hasn't received from letting agency.. suppose they still got tomorrow and Sat post.

Ed1su

ed1su

Letting agency is in Crewe. Both individuals in Sheffield.. they both request Sheffield and the court choose Manchester.

In assume letting agency are taking court action on behalf of landlord.

Guarantor doesn't know any info of landlord since he hasn't seen any documents.