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dontbeaguarantor

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About dontbeaguarantor

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  1. Supervillian...can you help please? You said earlier that I had to file defence by 18th April, is this correct? Are weekends and bank holidays included?
  2. Thank you...that's what I thought actually. Do I have any real defence or should I attempt a settlement?
  3. Andy, do you think it's clear that I was only signing for my daughter ?
  4. Thank you supervillain I now have the signed guarantor agreement. It makes no mention of being jointly and severally liable. what do you think?
  5. Thanks. Yes my daughter also has a summons, I have defended hers in the same way and yes I am listed in particulars and also on attached list of defendants. I'll contact those that I'm able to but one of the tenants (the one with all of the arrears in fact) is listed but the address for him is actually the rental property (obviously the landlord knows he has not resided there for 2 years) and he has apparently moved back to the USA so it's an impossibility that all of the defendants can acknowledge. This one also doesn't have his own guarantor, there are five tenants and 4 guarantors
  6. The box names 4 other defendants (none are me or my daughter) and says see list. We are listed in an attached list along with three others
  7. Can I ask a question please? If any of the other defendants no not acknowledge the claim will judgement be entered against them automatically and would that mean I am off the hook?
  8. My daughter has just 'found' an email from a solicitor instructed by another tenant last year to the claimant and my daughter is CC'd. They are asking the landlord for a check out report or inspection form and also an incoming and outgoing schedule of condition, neither of which are forthcoming so I will request this also in CPR as item 7. Solicitor also notes that maintenance/cleaning company is owned by letting company. Is this allowed? Should I bring attention to the fact?
  9. Thanks Andy I have submitted AOS. I have altered the CPR31.14 request as follows, do you mind telling me if this looks ok? I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following mentioned in your Particulars of Claim: 1: The agreement as signed by The Tenants 2: The agreement as signed by guarantors 3: Copies of the letters sent and details of who they were sent to and when as mentioned in the particulars as “By letters and telephone calls from The Claimant requesting payment, The Defendants have not paid the arrears, leading to notification of litigation to the Defendants.” 4: Details of the time telephone calls were made and who was spoken to as mentioned in the particulars as “By letters and telephone calls from The Claimant requesting payment, The Defendants have not paid the arrears, leading to notification of litigation to the Defendants.” 5: A full breakdown of arrears and full details of which tenant each arrear pertains to 6: A full and clear breakdown of cleaning, repairs and damages totalling £3206.10 Including photographic evidence and receipts. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. Yours faithfully
  10. Also the CPR 31.14 request - there are no solicitor details on the claim, this part is blank. Where do I send the request?
  11. 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?
  12. 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.
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