Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Page 1 of 3
1 2 3 LastLast
Results 1 to 20 of 41
  1. #1
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default I've received a court summons for a rental I guaranteed

    Hello

    I hope you can help please.

    I signed as a guarantor for my daughter on a property share in June 2014, there were 5 tenants and each had their own guarantor.

    The claim is for unpaid rent of 1261.82, 3206 for cleaning, repairs and damages + adminicon fees, court costs & interest totalling 5127.

    The contract stated that each guarantor was jointly and individually responsible for each tenant.

    My daughter did not owe any outstanding rent (well documented), the home was not very well looked after but I feel the 3k+ figure highly exaggerated, most damage was caused by cats none of which belonged to my daughter. The security deposit of 100 each was retained by the landlord.

    The claim formicon says the date of service is 21st March and the particulars of the claim states: Particulars of Claim (attached)(to follow).

    I am not and have no way of being in touch with the other guarantors though the claim form appears to have been served to at least two other parents.

    Do I need to respond within 14 days or await further information?

    What would be the best defence in this situation?

    All advice gratefully received


  2. #2
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 4,592 (1.55 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Quote Originally Posted by dontbeaguarantor View Post
    The contract stated that each guarantor was jointly and individually responsible for each tenant.
    Do you mean 'Jointly and Severally liable" as guarantors for all the tenants?. Were the tenants themselves also jointly and severally liable?.
    If so, the claimant can go after any one (or more) of the guarantors for all of the debts due from any of the tenants, and then let the guarantors sort it out between themselves.

    If jointly, but not severally (as guarantors) : the sum owed gets divided equally between the guarantors.


  3. #3
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Thanks for replying.

    Do you mean 'Jointly and Severally liable" as guarantors for all the tenants?. Yes Were the tenants themselves also jointly and severally liable?. and yes


  4. #4
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 4,592 (1.55 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Quote Originally Posted by dontbeaguarantor View Post
    Thanks for replying.

    Do you mean 'Jointly and Severally liable" as guarantors for all the tenants?. Yes Were the tenants themselves also jointly and severally liable?. and yes
    So, if (and it is a big IF), the money is due, the claimant can go after any of the guarantors, if the guarantee is enforceable.

    Next step: await the PofC.
    Then post up (personal details redacted) a copy of the tenancy, a copy of the guarantee, and a copy of the PofC.
    Any might present a viable defence / way to find a flaw in the claim.


  5. #5
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Thanks again so I definitely don't need to respond yet despite that there are some PofC stated and it says both (attached) and (to follow)?


  6. #6
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 4,592 (1.55 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Assuming there are no issues of jurisdiction (so all parties are in England / Wales, for example) you should acknowledge service.
    You then submit a defence later (watching the dates : if the full PofC doesn't come through you note this in your defence!)

    Odd that it says both (attached) and (to follow). Was this Money Claim Online (MCOL)?
    Have they reached the character limit so are sending the full PofC separately?


  7. #7
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 100,206 (26.50 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Was the brown envelope from northants or Salford court?

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  8. #8
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,574 (12.92 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Probably wise to scan and uploadicon a copy of the N1 claim formicon (redacted)...then we have all the information in one post.

    Also a copy of the tenancy agreement and your Guarantor authority

    Regards

    Andy

    Thread moved to General Legal Issues

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  9. #9
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default

    Thanks. envelope is from Salford.

    I will redact docs and post today though I don't have the former I signed.

    I did it have it previously but this was so long ago I thought it was settled with security deposit

    This is the claim formicon and this is the signed agreement.

    I don't have a copy of the form I signed though I think it was the same as this.

    Attached Files
    Follows
    0
    Following
    0

  10. #10
    Basic Account Holder SuperVillain Informative SuperVillain Informative SuperVillain Informative SuperVillain's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2013
    Posts : 312 (0.23 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    the date of service is today - your first step is to acknowledge the proceedings.

    The Court Form is N9 (response pack) and there should be a copy included with the Court Papers.


    There will be a tick box asking you if you wish to defend the whole claim
    - I presume from the above that you do.


    Complete this form, scan and send to the Court by email - ccmcce-filing@hmcts.gsi.gov.uk - put in the subject line "[Claim No as per claim formicon] - AOS".

    This will give you further time to prepare the defence - until the 18th April 2017 by my calculation...

    Without filing that document at Court, by my calculation you have until 4th April 2017 to file a defenceicon.


  11. #11
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,574 (12.92 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    " I don't have a copy of the form I signed though I think it was the same as this. "

    Well thats the one the whole claim relies upon.....without proof of that with your signatureicon...their claim against you falls flat.

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  12. #12
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 4,592 (1.55 post per day)

    Default

    Quote Originally Posted by Andyorch View Post
    " I don't have a copy of the form I signed though I think it was the same as this. "

    Well thats the one the whole claim relies upon.....without proof of that with your signatureicon...their claim against you falls flat.

    Andy
    Does that mean there is no signed guarantee?

    Or just that the OP hasn't kept their copy of it, but the claimant might!


  13. #13
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,574 (12.92 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Quote Originally Posted by BazzaS View Post
    Does that mean there is no signed guarantee?

    Or just that the OP hasn't kept their copy of it, but the claimant might!
    CPR 31.14 request may reveal one...put them to proof...unless the OP unearths his own copy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  14. #14
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default

    I did sign a guarantor agreement identical to main agreement but do not have a copy. Shall I request this from the rental company?
    Thanks so much for your advice so far, I really appreciate you taking the time.


  15. #15
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,574 (12.92 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    You will have to request it using CPR 31.14...link below...although you will have to adapt it to suit your claim as its been drafted for loans and credit cards.

    http://www.consumeractiongroup.co.uk...as-been-issued.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  16. #16
    Basic Account Holder SuperVillain Informative SuperVillain Informative SuperVillain Informative SuperVillain's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2013
    Posts : 312 (0.23 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    The OP says theirdaughter paid all her rent and wasn't responsible for the damage to the property.

    Due to the joint and several liability issue could they consider claim for contributionicon or indemnity from the other guarantors if held liable? Or perhaps consider a small settlement offer to try and extricate themselves from this claim at an early stage...


  17. #17
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 4,592 (1.55 post per day)

    Default

    Quote Originally Posted by SuperVillain View Post
    The OP says theirdaughter paid all her rent and wasn't responsible for the damage to the property.

    Due to the joint and several liability issue could they consider claim for contributionicon or indemnity from the other guarantors if held liable? Or perhaps consider a small settlement offer to try and extricate themselves from this claim at an early stage...
    They certainly could claim a contributionicon / indemnity, but that leaves the OP chasing the other potential defendants, not the claimant having to do so.

    They could also offer a settlement in return for being "let off the hook".
    However, if the claimant has a weak case : they might not get anything at all, and if they have a strong case : why would they settle for a small sum?
    It is early days - better to get an idea of the strength of the claimants case first?


  18. #18
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    OK, I'm about to acknowledge the claim, do you recommend that I accept no liability at this stage? If this is the case do I need to complete details of my financials?


    Is it a good idea to accept 1/5 of the claim for damage and offer this?


    In the worst case scenario is there any way that I can avoid a CCJ?


  19. #19
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 19 (0.46 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Also the CPR 31.14 request - there are no solicitor details on the claim, this part is blank. Where do I send the request?


  20. #20
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,574 (12.92 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    To the claimant...I would be defending all this claim ...irrespective at this stage..anything less will result in a CCJ

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details