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landlords unsecured pers loan claimform - suing son as well as guarantors..


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hi.

im trying to help my son in law.

 

now the landlord took him to court for £10.000 for the rent and energy bills.

when the court hearing came the judge told them to agree the matter out of court.

the matter was agreed and the money will be paid within 12 months which was agreed by both parties.

 

but the problem arise when he tried to remove his machinery from the premises he wouldn't let him take it.

and now he wants 9 months rent [ £9000] while his machinery was left there on top of the the money he already owed.

but he never said anything about the rent at the time when he left the premises

he said he will remove it when ever he needs the space.

the landlord agreed at the time.

 

the premises is still empty.

bottom line is he hasn't got a job and worried what will happen as he cant pay him anything as he cant open another business without his machines again.

 

can the landlord take charge on his property and make him sell it to get the money.

 

appreciated for all the help.

Edited by dx100uk
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moved to general legal forum.

 

can you explain a wee bit more about this 'charge'

its not been agreed by the court so I cant see how he can enforce anything without it going back to court?

and make it legally binding

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Has any payments been made since the informal agreement?

 

If not it may be considered he his holding his machinery as security.

 

Does he no longer have access to the property? He really should have moved it when he vacated.

 

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thanks for reply. no he has not paid any money yet, it was agreed to pay back by end of 2018. the machinery was left at good will. but can he charge £9000 on top of £10000. he already owes.

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So he expected to be there rentfree?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the agreement was signed by my son inlaw was out of court and the papers was send back to court. he was working on another premises to get the shop ready and when it was ready this problem arise. if it does go to court can he say the machinery will cover most of his dept.

 

thats what he thought at the time as there was no rent discussed.the landlord agreed at the time to leave the machinery there until somebody occupied.

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So it was a Tomlin/consent order?

As it had to go back to the court?

 

Nothing about storage charges or future rent?-

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can't add anything to that no

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So the rent agreement has ended?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well obv there was a 'contract' else they'd have been no court case to defend

so is this contract still active?

 

the case was for arrears I assume, only and the contract is still running?

 

bit confused here that your son thinks he can leave stuff in a rented business establishment, and not have to pay for it...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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when he closed his businesses he handed the keys to landlord with mutual agreement and the contract was terminated as it was for 12 months get out clause, at the time the landlord agreed for the machinery to be left there without any agreement or any rent mentioned. if the rent was agreed or he wanted the rent then why wait for 10 months and not say anything up to now.

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  • 7 months later...

hi.

today i have received a letter from a solicitor regarding a unsecured loan from my son in laws landlord in 2016.

it was for 60k,

 

when the loan was taken i never knew any thing about the loan.

my son took it for investment for his brothers business

unfortunately the business was folded in 2017.

 

i went to talk to this person and agreed that i will pay his dept off,

he agreed and shook hands.

 

since then i paid off 45k.

but now he wants 15k which i owe which i will pay as i promised.

but he wants 22k more for profit of the business.

 

when i questioned he says your son agreed to pay 2k a month profit until its paid off.

the solicitor has also send one copy of a letter to my son in law saying that he was a guarantor.

and given to pay within 14 days.

 

my son in law is worried that he might go for charge on his property. 

 

can i send the solicitor cca.

 

all the help will be appreciated. thank you.

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A CCA request is only relevant where the debt is a consumer credit agreement, it's unlikely this is. What would be useful is a copy of the agreement which your son and son in law signed, then you would know what they are liable for if anything. If there is liability and your son in law is the guarantor, your son and son in law have joint and several liability. If a CCJ is granted against your son in law, a charging order on his property is a possibility.

 

 

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thanks for the reply. my son in law says there was no agreement signed by any of them.it was a private loan and there was no other witnesses or solicitor present., i just interduced to him. i  did ask for the agreement papers to the lender but he has never produced them.

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did your son give you a signed letter of authority to pay this debt on his behalf?

if not you've been a complete mug in paying this for him and are £45k down.

 

you have not legal authority to agree or make any further payments

let him take your son to court and LOSE!

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks again.no my son did not give me any signed letter or authority, it was just a good gesture as it was my son in laws landlord. i didn't thought he was so greedy and would do this. do you think i should write to his solicitor for signed agreements papers or wait.

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you write to the solicitor and ask for  a copy of the signed papers as you would have had to be included in the agreement

You get your s-i-l to do the same, that way they cnat say thtat it is a data protection issue.

 

in the meanwhile ti was never your debt so ask yourself why are they trying to rook you for more money?

 

as for the person going for a charge on his property- in law the debt doesnt exist and for this reason - without an agreement of terms to determine when the loan should be repaid the debt never becomes payable.

The landlord will then ahve to wait until S-i-l dies and claim form his estate. Without an agreeemnt no interest can be added either

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  • 3 weeks later...

hi. i have received the letter from the claimants solicitor which included the agreement documents.

 

on the agreement papers it does show my son and sil signature with the witness.

but there is no sign from me on the agreement.

 

it also says we have instruction to issue court proceedings and preparing for court proceeding in 2 days time if not paid within 7 days.12 june.

 

if not paid then the claim forms will be sent to the  court for issuing on that date.

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Did you get any benefit (the legal concept of 'consideration', a benefit or thing of value) from agreeing to repay the loan?

If so, then you may have created a contract. If  not, and you didn't agree to act as a guarantor, then there is no contract between the creditor and yourself : they can go after your son and son in law, but not you.

 

If he is going to do that anyhow, consider holding off using the last 15k, until the matter is settled and you can see how best you can utilise it.

Edited by BazzaS
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