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Guarantor Loan

keithing-ger
keithing-ger Posts: 90 Forumite
My naive sister stupidly agreed to act as guarantor on our younger brothers loan. She has had to pay last couple of months and he is now ignoring calls.

Does anyone have any relevant experience about what options are available to her here? For example court action, refusing to pay herself (does that effect her credit rating?)

Thanks in advance.
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Comments

  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    My naive sister stupidly agreed to act as guarantor on our younger brothers loan. She has had to pay last couple of months and he is now ignoring calls.

    Does anyone have any relevant experience about what options are available to her here? For example court action, refusing to pay herself (does that effect her credit rating?)

    Thanks in advance.
    What options does she want?

    She is legally required to pay the loan. If she doesn't, the loan company can attempt to enforce her to do so, and yes, it will affect her credit rating.
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • bengalknights
    bengalknights Posts: 5,021 Forumite
    Part of the Furniture 1,000 Posts
    Unfortunatly once you act as guarantor you are literally that, all she can do is pay your brother a visit and get the money off him.
  • BrassicWoman
    BrassicWoman Posts: 3,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    she can take your brother to court. Does he have the money to pay up if she does get a judgement against him?
    2021 GC £1365.71/ £2400
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It will affect her credit rating but no1 sees that, the history will be trashed so not a good idea to not pay it.
  • sourcrates
    sourcrates Posts: 31,812 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper

    Does anyone have any relevant experience about what options are available to her here? For example court action, refusing to pay herself (does that effect her credit rating?)

    Thanks in advance.

    How much is the total debt ?

    Essentially she is now the debtor, if the brother cant or wont pay, then they can chase your sister and use every and all means to extract the money from her.

    Does she own a house ?

    Worst case scenario is she may now be at risk of a county court judgement, a charging order, bailiffs knocking on the door, or attachment of earnings order if she works, i would never ever sign up as a guarantor, ever.

    If brother dosent pay, then i would advise her to make some kind of arrangement with them, otherwise she could find herself in a very tricky position.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    These loans tend to be at horrendous interest rates. Can she raise enough money to pay it off? She may even be better off taking out a lower interest rate loan in her own name to pay it.

    Work on the assumption you aren't going to see the money from your brother.
  • Shakin_Steve
    Shakin_Steve Posts: 2,814 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    I wish people would wise up to the fact that acting as a guarantor means it's actually you who is taking the loan out, not the person who ends up with the money. The loan company can dress it up any way they want to, but the crux of the matter is that if you need a guarantor, you are not creditworthy, and loans are not given to people who are not creditworthy.
    I came into this world with nothing and I've got most of it left.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Amigo's webiste has a full page on their website for guarantors and it's not even in small print.

    https://www.amigoloans.co.uk/be-a-guarantor

    That's the page guarantors have to go to to enter the code emailed to them (not the borrower) by Amigo.

    I have no great fondness for Amigo Loans but you can't say that they don't give the guarantor fair warning of what's involved although the fact that someone has had to resort to borrowing money from the likes of Amigo Loans in the first place should be a huge warning that the borrower is !!!!! with money.
  • MEM62
    MEM62 Posts: 5,351 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The only option she has is to continue payments unless and until her brother resumes making them. You sister is lumbered - that is what it means to be a guarantor.

    If your sister has good credit standing herself perhaps she could take a loan to clear this one. She will still have a debt but at least she will not be paying an extortionate interest rate.

    It's likely to be pointless taking legal action against the brother as you'll be throwing good money after bad.
  • curty510
    curty510 Posts: 189 Forumite
    my advice would be for your sister to pay off the loan, if she doesn't have the funds, get a loan with her bank and settle it, the interest will be much lower. and then make contact with your brother to pay her back at a rate he can afford.

    This loan is not your brothers, it's your sisters im afraid.
    debt free, savings in the bank
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