Guarantor and possible documents forged with advice from letting agency

anselld

I would think the agents will win the case (i.e. liability of the T for the remainder of the tenancy) unless they make some schoolboy error with the paperwork.

T will get CCJ however it will not be enforceable against the G due to the deed not being correctly executed.

I doubt the G could claim costs if the agent wins the main case as the T would be liable.

ed1su

anselld wrote: »

I would think the agents will win the case (i.e. liability of the T for the remainder of the tenancy) unless they make some schoolboy error with the paperwork.

T will get CCJ however it will not be enforceable against the G due to the deed not being correctly executed.

I doubt the G could claim costs if the agent wins the main case as the T would be liable.

Will letting agency produce forged documents to court? Since they already admitted via email that guarantor couldn't attend signing of the contract. So its clear guarantor wasn't there to sign the contract. If contract contained forged signature which is what the tenant father stated and wrote a witness statement which has been sent to court.

thequant

Re the documents not being handed over before the court case, if you follow the correct procedures you can apply to have the case struck out. Failing that, at least the the judge will prevent them from producing said documents on the day, in that case their claim will be very flimsy.

Even if they are handed over, I dont think he guarantor has anything to worry about here. There is a small possibility the judge could award some costs in favour of the guarantor, but that would depend on the circumstances

ed1su

So guarantor should wait till Monday. If he doesn't receive papers he should phone court to notify..or just go to hearing and on the day as the judge to have the case struck out for the claimant not sending the docs.

ed1su

Hi


Just realised the 14 days deadline is over.. the court hearing is on 12th Feb. and the court Notice of Allocation to the Small Claims Track (Hearing) Judges direction


7) each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before hearing


9) The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order


The Letting agency hasn't sent me any documents at all..


Ed1su

thequant

ed1su wrote: »

Hi


Just realised the 14 days deadline is over.. the court hearing is on 12th Feb. and the court Notice of Allocation to the Small Claims Track (Hearing) Judges direction


7) each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before hearing


9) The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order


The Letting agency hasn't sent me any documents at all..


Ed1su

Ok wrote to the court and inform them that you have not received the documents and you request that the the judge does not accept them if they turn up on the day with them.

being so close to the hearing it's unlikely the judge will strike out the case at this stage.

ed1su

Thequant

Thanks for your advice. The claimant has 7 days before hearing where they can cancel the hearing and get their money refunded. According to judges direction.

Unless letting agency backs out at the last minute. I am the 2nd defendant.. the tenant is 1st defendant and they have not received any documents either.

Ed1su

silvercar

2nd defendant has the defence of not actually being a guarantor.

Does 1st defendant have a defence? If not, they are likely to get the case found against them and end up with a CCJ (assuming they cannot produce the money owed + court costs quickly).

ed1su

The tenant 1st defendant fell ill where the doctor ordered them to leave university and had 2 operation.. According to them the university said it's special circumstances.. the tenant wasn't given the tenancy agreement. So when the returned the keys and agency wanted full rent. The tenant asked for agreement but wasn't given. According to the tenant the university advised them not to pay.. I have no idea.

The tenant had operation had to leave university.. wasn't fit to work.. So they had no money. The tenant is well now and started studying at a different university had to change the course.

Marktheshark

Engineering a sworn affidavit that no deed was signed for guarantor would be a good idea.