Sorry, I don't think I explain my case correctly.
I'm the guarantor for a friend that rented a shop.
My friend couldn't make rent repayment and the landlord terminated her contract.
Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt.
When I first became the guarantor, I signed an agreement with the claimants. ( 1st agreement)
A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment.
They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.
In 2016 I received a warning letter for late repayment.
No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.
Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement.
Now they have submitted their final witness statement and attached the 1st and 2nd agreement.
Proving the 2nd agreement does exist.
My question is;
1. How important is it that no letter before action was sent before I received the money claim?
2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid?
3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?