acting as guarantor

tonykba

6 years ago i acted for a so called friend as guarantor for a mobile phone contract. I haven't seen him for a few years and have been contacted by the mobile phone company chasing a debt of £288. Apparantly he has moved to Spain. I know i am liable for the debt but can this company still chase me for the money, taking into account the 6 years that have passed! Any replies will be gratefully recieved.
Thanks in advance

rog2

tonykba wrote: »

I know i am liable for the debt but can this company still chase me for the money, taking into account the 6 years that have passed! Any replies will be gratefully recieved.
Thanks in advance

It needs to be six years from either the last payment towards, or written acknowledgement of, the debt:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

tonykba

Thanks for the reply rog2 but does the limitation act apply to me as a guarantor and how would i know when the contract was defaulted?
I'm assuming he did'nt default 6 years ago.

rog2

tonykba wrote: »

but does the limitation act apply to me as a guarantor and how would i know when the contract was defaulted?
I'm assuming he did'nt default 6 years ago.

I see no reason why the limitation act should not apply to you as a guarantor. However, as you do not know when he made the last payment, or written contact (defaults can take several months from last payment to be registered), I would stronly advise you to talk to one of the debt counselling charities, such as CCCS - 0800 138 1111 or National Debtline - 0808 808 4000 to seek legal clarification.
I assume that, as guarantor, you would have the right to request a copy of he original consumer credit agreement and up to date statements.

BAILIFFCHASER

rog2 wrote: »

I see no reason why the limitation act should not apply to you as a guarantor. However, as you do not know when he made the last payment, or written contact (defaults can take several months from last payment to be registered), I would stronly advise you to talk to one of the debt counselling charities, such as CCCS - 0800 138 1111 or National Debtline - 0808 808 4000 to seek legal clarification.
I assume that, as guarantor, you would have the right to request a copy of he original consumer credit agreement and up to date statements.

That would mean sending off a cca would it not ?

tonykba

Excuse my ignorance but what is a cca?

cassy

cca is a consumer credit agreement

rog2

tonykba wrote: »

Excuse my ignorance but what is a cca?

A debtor is, under the terms of the Consumer Credit Act, 1974, entitled to request a true copy of the original consumer credit agreement, and the creditor, or dca, is legally obliged to provide a copy of the same agreement within 12 working days of the request. Without that 'agreement' the debt would be unenforceable through the courts. Even if they supply the agreement, within the legally prescribed time frame, that agreement must contain certain information for it to be 'enforceable'.
More information, plus a template letter, requesting this information, can be found on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Since, however, as 'guarantor' you are not the original debtor, I would still strongly advise that you actually talk to a NDL, or CCCS, adviser before going down this path.