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Guarantor and possible documents forged with advice from letting agency

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Comments

  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    The document they quoting as that the communication they been sending to wrong house number because on the application form its not legible so they been sending documents to wrong address.


    On the document they document attached


    Tenancy Agreement
    Application Form
    Various Rent reminders
    Letters from tenant


    Non of these arrived in post unless they arrive today. They state G signed an application form and sent a photo copy of passport that gives his authority to be a guarantor.
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    Make sure G and T go to court, there are cases where one side say its postponed but they lied so you lose by default.
    When using the housing forum please use the sticky threads for valuable information.
  • Dr._Shoe
    Dr._Shoe Posts: 563 Forumite
    ...and if they don't turn up (the case is still listed) you win by default.
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    G's email is busy they sending lots of documents via email
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    The contract has a signature in mine name but it's not my signature
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Take your sealed bundle.

    Refuse to accept their late submissions.

    If the judge allows it to continue, ask that you be allowed to defend, on grounds that it is not your signature.

    Ask for day, date and time when you were supposed to have signed. Know where you were on the day in question.
    If you've have not made a mistake, you've made nothing
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 12 February 2015 at 1:52PM
    Hi
    The other side should have filed case in the landlord but it was done in letting agency.

    They wanted it adjourn.. G tried to get documents not to be used in court. since they only handed the doc to court today... Judge said he can have it another day.. g said no ... Anyway judge awarded g costs.. advised the letting agents to reconsider case against guarantor. They advised tenant that they signed tenancy agreement and they will be liable.

    G requested next hearing to take place in Sheffield. The judge agreed. Now wel see if they will take G to court. Judge wants witness statement how guarantor signature appeared on contract. They even admitted it's not g signature on form.

    Thanks for all advice everyone specifically GM who advised someone on another thread.

    Ed1su
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 12 February 2015 at 7:08PM
    Hi all

    Update for who wants to know

    Sorry for the muddle update earlier on I was passenger in the car while giving quick update.

    Went to court in morning was nervous... Specially when waiting for the hearing. Wondering if claimants there or not.

    When we were told to go to the place where hearing takes place. Claimant were there office manager and another person no idea. Never said a word in hearing.

    The case was filed by letting agency v tenant and guarantor..

    They requested the hearing to be adjourn for now due to wrong name on case. They also failed to supply documents. They only supplied documents to court today. She says she emailed me yesterday. I said I didnt have time to read.

    Judge suggested adjourn to be fair to both parties. I said how is it fair on me. I followed all the direction from judge. Why do I have to return. Then judge says if you accept the documents then he can go ahead today. I said fine. I didn't sign the contract and letting agency admitted I wasn't there.

    Judge says he got no choice to adjourn the judgement. Awarding today costs to me. He wants a witness statement from letting agents how guarantor signature got on the contract. He advised the letting agencies not to pursue the guarantor but that is their decision and for them to seek legal advice.

    He had a discussion with tenant that they signed a contract, that doesn't excempt you...

    When judge talked about my expenses they said their case against tenant. The judge says you are sueing guarantor. They weren't happy..

    Judge told them to send proper paper based documents not via internet. The students said the hearing will take place in Sheffield after the tenant finishes her exam. He give a date in March for documents to be sent to us.

    Judge will send what he said today in post and will be asking the letting agencies to pay my expenses within 14 days.

    So now havw to wait and see what is their next move.

    Thanks to everyone who helped

    Ed1su
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi


    Yesterday received a General Form of Judgement or Order Stating


    It is ordered that


    1) the name if the claimants on the claim Form be amended to Mr and Mrs landlord without reservice


    2) The parties shall by 4pm on the 13th of March 2015 send to the Court and the other parties copies of all the documents upon which they intend to rely. Such Documents must include the witness statements of all witnesses (including the parties themselves)


    3) The final hearing of the Small Claim be Adjourned to the next available date after the 29th May 2015 with ELH two hours


    4) The claim shall be transferred to Sheffield County Court


    5) The claimant shall pay the defendants costs of the adjournment summarily assessed at £18.00 by 4pm on the 26th February 2015


    Now on the day judge worked out loss of pay + travel cost + parking costs he mentioned a figure which I was happy with. With the court order it only mentions £18...


    Not sure if it's a mistake or the figure has been changed for some reason. Confused.


    Ed1su
  • ed1su
    ed1su Posts: 74 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi

    The order been changed to orginal figure as suggested by the judge on the day of the hearing.

    Ed1su

    ed1su wrote: »
    Hi


    Yesterday received a General Form of Judgement or Order Stating


    It is ordered that


    1) the name if the claimants on the claim Form be amended to Mr and Mrs landlord without reservice


    2) The parties shall by 4pm on the 13th of March 2015 send to the Court and the other parties copies of all the documents upon which they intend to rely. Such Documents must include the witness statements of all witnesses (including the parties themselves)


    3) The final hearing of the Small Claim be Adjourned to the next available date after the 29th May 2015 with ELH two hours


    4) The claim shall be transferred to Sheffield County Court


    5) The claimant shall pay the defendants costs of the adjournment summarily assessed at £18.00 by 4pm on the 26th February 2015


    Now on the day judge worked out loss of pay + travel cost + parking costs he mentioned a figure which I was happy with. With the court order it only mentions £18...


    Not sure if it's a mistake or the figure has been changed for some reason. Confused.


    Ed1su
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