I am due in court a week on Thursday for an old credit card debt which was sold to Lowell in June 2013. I received the claim form from Bryan Carter back in September and asked them for a copy of the credit agreement upon which they are relying prior to entering my plea. They refused to do this and I filed a defence on the basis that they could supply no proof of this debt. They then sent me a Tomlin order to sign to avoid court I again asked for a copy of the credit agreement which they again refused. Today, they have filed their witness statement and enclosed the following document which does have my signature on it, however this is all they have supplied together with a bunch of statements and the assignment letter. Please can anyone tell me if this enforceable? I would like to be prepared before I attend court, if I don't have a leg to stand on then could I try the Tomlin order route? Typical that the default is 6 years old in September

Partner and i are due to rent a property. They have told me that my partner would be 100% responsible for the rent as he earns more than me. Despite this they have told me as i have a CCJ i would need a guarantor who has a proven income of £22,000?? My partner is earning all the money to pay for the rent (3 x what the they need for minimum amount) yet they say i need to fin someone who is earning £22,000? Why do they need someone earning over 22,000 for my share if the contract has my partner down for 100% of the rent?? Can my partner be my guarantor? Another thing the estate agent told me that experian make the decision and they have now *closed the case* ........i called experian they said they provide the reports that's all they do not make decisions like that. Is it just me or does this seem odd?

Can those who are familiar with legally binding documents please look over this agreement? I am meant to sign by 23rd Jan. I am uncomfortable with the whole issue, but even more with the agreement as it appears to have commas in which I always understood could lead to ambiguity. I have also included previous correspondence on the issue. Would appreciate advice, many thanks in advance.

Hello, My sister-in-law currently rents a property from an agent, which was initially based on a 6 month tenancy. The agreement was in writing, signed by both parties and expired on September 3rd 2014. She has not received any further tenancy agreements nor signed any additional paperwork since this time. The original tenancy agreement, now expired, has it clearly written that "nil" deposit is/was required at the beginning of the tenancy. My sister-in-law has rented previous properties from this agent and I believe it was verbally agreed between the two that the deposit would be "ported" or similar from a previous property, but this certainly isn't in writing anywhere. My sister-in-law, according to the terms and conditions of her expired tenancy agreement is not aloud pets without prior consent and an additional deposit sum. She has recently bought a puppy and not informed the agent (not her finest hour) and the agent has, in my opinion, fairly asked her to fill out a pet form and pay an additional sum of £250 to cover potential damages, which I believe is fair. Now onto the crux of the problem. The house, even upon moving in, showed signs of damp. This has gradually worsened and on closer inspection looks like it's been present for some considerable time. Mould is growing on most downstairs walls and upstairs ceilings. In my non-expert opinion, it's not something you'd want to live in - and it stinks of it. After informing the agent and suffering complete inaction she approached environmental health who have conducted an inspection and deemed it in urgent requirement of remedial works, and has forwarded this to the agent. Following further inaction from the agent a subsequent visit from the environmental health man took place and additional letter(s) to the agent were sent. The agent has since been in touch stating before any remedial works take place they require the agreed (apparently verbally) deposit of £1000 paid on a plan of £200 per month starting January 2015. This isn't in writing anywhere (I'm assured) and the original tenancy does indeed state "nil" deposit. My sister-in-law tells me that the agent told her they were unable to port the deposit from her previous property due to damages left making it unrecoverable, therefore a deposit falls due on this property as a result - again none of this in writing. All that said, my sister-in-law is certainly no saint and doesn't tend to look after her properties. She has 6 children and lives off benefits so usually finding a house remotely suitable is problem, hence why this house was accepted - it was bigger than her previous. What I'd like to know, is in people's opinions, is she owing of any deposit and does the agent have a "right" to demand it and indeed hold back any remedial works advised by environmental health. That said, I believe she's on a sticky wicket as she has no active tenancy agreement and I assume the agent isn't obliged to give her one, so perhaps rocking the boat could end up causing more trouble than good? That said she is family and I don't particularly want to see her in emergency housing or B&B's as a result of being evicted. If anyone has some facts or advice that would be great. Cheers

hello, i brought a fridge freezer from currys and i took out a warranty , unfortunately it stopped working however a replacement was sent be it 4 weeks after. I was told i could claim for food spoilt however currys say consequential loss is not covered in the agreement, is this true as i cant see anything in the agreement and the only reason why i am claiming is because currys member of staff informed me and others have recieved it. thanks

As always checking the T&C's of my SERVICE agreement with Virgin Mobile, I came across the new terms and wanted some thoughts the quote from there is "The legal stuff The prices shown require you to use eBilling. For monthly price with paper bill add £1.50. Credit check & payment by Direct Debit required. Prices shown are based on a 24 month Consumer Credit Agreement provided by Virgin Media Mobile Finance Limited and a 30 day rolling Pay Monthly Airtime Contract with Virgin Mobile Telecoms Limited. You must pay off your loan in full in order to upgrade your handset. Further terms and conditions apply. 0% APR Representative. *Please note standard charges apply, please check with your network operator for rates." This quote was taken from here http://store.virginmedia.com/virgin-media-mobile/sim-only/pay-monthly-sim.html The part of interest is that is in BOLD above. I have always heard that a mobile contract whether a full 24 month or 30 rolling was a service agreement? Is this correct? If so when did it become a loan agreement? if this has now become a loan is it subject to us being able to use the CCA request to grab the contract or is this legal stuff a typo? If a typo what can someone do about ending the contract early without the early fees being added? and would this be fully covered under the laws regarding credit agreements? as stated above in writing it is a LOAN. Also since these form part of the T&C's which Virgin say are "a rolling set of T&C's"

Hi I am a sole trader. We took a water cooler on a trial basis last year and began getting fortnightly water bottle deliveries. In August, deliveries stopped and we recived an invoice for a rental and sanitization charge (which was being billed in advance) To date, no-one has been to do this. We asked them to collect the cooler and cancel our contract - What we didn't know was that we were in a 5 year contract!!!!!!!! It turns out that an ex-receptionist signed the agreement which is in my name - surely this is not legally binding as I'm a sole trader? Can anyone advise? thanks! Craig

Hi I started an agreement with perfect homes 17 Sep 2013 for a Samsung mobile. now my agreement states total amount payable £657.60 over 80weeks. today I receive an annual statement from them through the post which says opening balance £1,012.80 and remaining balance £290.90 Now I know when I first started I had to take all insurance etc. I did get my own insurance which I showed them. what I can't understand is how does my agreement show £657.90 and they are saying that huge amount on a statement. advice really needed please.

Hoping some can help.... I sent off a CCA request back in January 2011 to Santander and so far they have never sent any of the requested documents through. It's now been 2 years since I have received any letter from Santander/debt collectors but today I have received a debt collection letter from Robinson Way. Does this mean I have to start the CCA request all over again? Is there a letter I can send them? Surely they can't just ignore my request and each time send it to a new debt collectors? Any help or advice would be greatly appreciated.

I have recently send the CCA letter to NEW DAY and had a reply from them saying Unfortunately we are unable to send you a copy of Agreement I owe them £665 and i would like to settle with them by offering £200 Please any advise or sugestion

Hi I am new to this site however read many posts before joining, my issue is COPD, my work place of some 15 years has been very understanding of my health issues in the past year, by agreement I have been on a 16hr week I am on no other benefits, However with my Respiratory issues I can no longer even do 10 hours a week, a year ago my Dr asked me to stop work, (work kept paying the 16 hrs regardless of me not going to work) I have recently applied for blue badge and its issued no question, Dr has told me life expectancy max of 5 years before dead or 100% reliant on Oxygen tanks, My question is how can work dismiss me in a diplomatic process as I and my employer know I am totally not fit to offer anything more than advice, my Employer has bent over backwards in the past year however time has come they just have to let me go and I totally agree with them. Any guidance will be appreciated, Trev

Hello, can anyone help? I had an old telephone bill with BT that I was originally paying £1 a month to clear. I agreed to pay the full amount on the 08/11/14 but when I telephoned the company I had made this agreement with they had already sent it back to BT and then BT have sold it onto another debt recovery agency which has now effected my credit score. Is there anything I can do about this? Thanks

February 2014 Old landlord sold the block I live in & new LL via a new letting agent informed us that the current AST would be honored & that the deposit would also reflect the changes. Aug 2014 end of AST the new LL asked us to sign a memo of renewal for additional 6 months whilst increasing the rent. LL stated this is not a new contract & that it was only to notify us of the increase. Note 30 days notice was not given. We believe this is now a Statutory Periodic. The council has informed us that planning to refurbish has been received and that we would all need to leave once permission has been granted; anytime around Xmas. I have looked at the deposit with DPS & though it has new LL details it has never been reissued either because of the change of ownership or change of contract . AST to SP etc. Also it states that it was not protected for 40 days even though it was through old LL. Therefore we are awaiting S21 ( not everyone had deposit protected after 30 days). My question would be this because of the negligence of new LL/LA if no one has a contract with new LL is S21 valid? Surely a contract would have to be submitted as evidence in court & as no one has a signed contract with new LL what could that mean ?. Also if deposit through negligence of previous LL but assigned to new LL is 40 days old would that make a S21 invalid? via LA they stated they'd honor the deposit. SUPERSTRIKE LTD when AST becomes SP. Are the other tenants deposits not valid They are with DPS. Finally if it is SP & everyone's rental period starts 5th of the month does that mean 2 months must be given by the 4th of that month; or carry over to next month.Thanks

In June 2002 I applied for and duly received a marbles c/c, then issued by HFC Bank Limited. Attached is a redacted copy of the agreement which I received following an SAR to HBOS, the now owners of marbles. As far as I'm aware the agreement was a single sheet, as here, although it's possible there might have been a separately enclosed sheet or there might have been some information on the reverse of this sheet. However, I'm pretty certain that I signed only on the face, in the box just above the HFC rep's signature, bottom right, and neither initialed nor signed anything on the reverse, nor appear to have been asked to do so anyway. I do know that at some later point in response to a CCA to BoS I received another copy of this together with a typed note of initial credit limit and interest rate each of which was actually wrong anyway. I don't owe marbles anything so I'm not looking to avoid any debt but I am taking issue with HFC about something they've done - or rather not done - and I wonder if I'm right in thinking that this 'agreement' fails the relevant parts of the CCA and so makes any contract dependent on it unenforceable. TIA for any advice, V

I'm currently on the receiving end of a S21 notice, and I'm trying to find out if I have grounds to contest this. I moved into a flat in 2001. The landlord wasn't really bothered about being a landlord, so he didn't do any of the expected things, like gas certificates or maintenance. TBH this wasn't a problem as the rent was very low, and I'm a pretty practical guy, so I was happy to look after the place, and renovated it from top to bottom. The place is an awful lot nicer than when I moved in. I could go literally 5 years without so much as speaking to him on the phone. He's moved several times without notifying me of a new address, all I've ever had is a mobile phone number. This was the days before deposits had to be protected, so I didn't worry about that. This was a periodic tenancy from the start, not a fixed term that rolled into a statutory periodic tenancy. In 2009 we met and he put the rent up by a small amount. I agreed to this as it was a pretty modest increase. Nothing was written down, definitely no Section 13 notice, but I started paying the higher amount straight away. There was nothing in the original AST about varying the rent. My question is whether this should be regarded as a variation of the old tenancy agreement, or a new agreement. This is significant as if it is a new agreement, then he needed to put the deposit into a protection scheme. If not, then I can't defend the S21 on that basis. At the time I was unaware of the distinction between the two and the implications if our arrangement all went south - as it has done now. What would the characteristics be of a new agreement versus a variation of an old one? How strong is my argument that he should have protected the deposit as we effectively had a new agreement post-2009? Thanks for the help.

Hi this is a bit complicated by here goes I took out a loan in 2006 with Creation finance one of those buy now pay later deals. Due to financial difficulties I was unable to continue with the repayments from August 2008, and I had assumed that the account had gone into default. In the middle of 2009 I contacted Creation finance and offered them a partial settlement and after some wrangling they agreed that they would accept what amounted to two thirds of the debt and not chase me for any more. I cant remember if they accepted my terms as full and final or partial settlement, but it was probabally the latter. I paid of other creditors in the same way, and never really looked for credit again. Then in 2013 I started getting letters from Cabot demanding payment of the outstanding balance, and of course I lost the correspondence between myself and creation re the partial settlement of the debt. I ignored all letters from Cabot and then went and checked my credit file. With regards to this loan, my payment status on my credit file was 6 from feb 2009 until August 09 (which means that I prob hadnt paid anything since at least Aug 2008) then in sept 2009 it shows a 1 status, this is where I had paid of 2/3 or the debt, then the non payments reset and ive been at a 6 status since February 2010 Creation Finance only issued a default against me in January 2013, when it should have been done around feb 09 six (ie 6 months of no payments) or because i reset the debt clock by making a partial settlement in sep 2009 a default should have been issued in march 2010? I did a SAR but of course there is absolutely no information from them regarding this Loan after 2009, no record of our correspondence re the partial settlement. I had a couple of other loans with them previous to this and the Payment protection insurance on three of them amounts to more than Is outstanding on this debt In reality what I really want is this default removed from my credit file, so what can i do, Cabot finace have resorted to phoning my neighbours to find out if I'm still living at my current address which I think is very poor form and very embarrasing for me

Hi everyone, I'm in quite a bit of financial trouble at the moment and I was hoping someone on here could give me some advice. about 3 years ago I was struggling to keep up with my credit payments. I had a loan, credit card and overdraft, all with Lloyd's. I spoke to them and they offered me a refinancing loan to bring the 3 outstanding debts into 1. The loan was for £25k. Unfortunately shortly after I agreed to the new loan I became ill and was unable to work, I missed a few payments and Lloyd's issued a default. I did some digging and I found out that there was PPI on the first loan that I had taken out 7 years ago. I asked for a refund of this but Lloyd's said there was no PPI. I went to the financial ombudsman and then Lloyd's wrote to me and said there was £5000 of PPI, which they paid me back. they refused to pay any interest on the PPI. Their argument was that the refund they were paying was a balance adjustment on the refinancing loan, not a PPI refund, because had PPI not been added to the first loan then the refinancing loan would only have been for £20k and not £25k, they were changing the terms of the refinancing loan to make it for £20k instead of £25k. I never agreed to this but they did it anyway. My question is an they do this? I signed an agreement with them for a £25k loan. Surely that is a binding contract between both parties. Surely they can't just come back at a later date and say 'sorry, the original loan amount was wrong,we're changing it' especially after I had defaulted. Had the loan been for £20k originally then the repayments would have been £100 a month less and I might not have defaulted. Stupidly I got myself into further debt by trying to cover the repayments, my total debt now stands at £32k, all with DCAs. I've gone from a clean credit file with 3 accounts, to a totally trashed file with 9 defaults and debt collectors ringing me 20 times a day. I can't afford to pay these debts and I'm really struggling. I could cover the other debts on a repayment plan but not the £20k Lloyd's debt as well, which is now with Lowell's. I know it's a long shot, but since Lloyd's admitted the loan was wrong in the first place and then changed the terms at a later date without me agreeing to it, is the agreement still valid? Can I challenge it and have the debt written off? Any advice would be greatly appreciated. Sorry for the long post. As a side note, I am moving house soon. Should I just move and not tell the DCAs? All of the defaults are at least two years old, they'll be statute barred in 4 years and if the DCAs can't find me they can't hassle me. I realise lowells will probably try for a CCJ for the £20k, but at least the other £12k will be written off. All of the debt is unsecured, and I don't own a house or car or anything of value.

Got an interview next week at the JC, supposedly to get me to sign up to a Claimant Commitment document. Now I know new claimants and those who returned from the WP before a certain date could expect to get one, but I thankfully returned later and am still on Post Work Support. Is it now policy for everyone to switch from JS Agreement to Claimant Commitment or are they just trying it on? The way I see it, I already have an existing contract with the DWP - my JS Agreement. I know we're all supposed to have a Claimant Commitment when UC rolls out but that's not happened yet. After searching the 'net I can't find anything that says it's definitely now compulsory for everyone to have a Claimant Commitment; anyone else have solid info?

Hi, I have recently moved into a new room with a private landlady. I paid the deposit on 11/9/14 via bank transfer as this would also hold the room. She acknowledged this via text and confirmed the room was mine and said she would send a tenancy agreement to my old address. I have now moved into the new place but have still not received anything after several texts requesting and her saying she would send. I have read that a written tenancy agreement does not have to be in place, but obviously I want one as was promised. Also I am unsure of where I stand in regards to TDS. I have read different information about this. The sticky at the top of the page says I need confirmation of this within 14 days, but another website says 30 days from the payment of deposit but only if a tenancy agreement is signed. Can somewhere advise where I stand if the landlady just never sends me a tenancy agreement, b) what date I should receive confirmation that my deposit was paid into a TDS., and c) if i don't sign a tenancy agreement is it correct the deposit doesn't need to go into a TDS. Thanks

I have been personally dealing with my landlord for over a year now without any legal support to correct being overcharged for rent at my residence for 11 years. During my tenancy (before march 2013) I was issued with court costs as my landlord made applications to the court to recover rent arrears held on my account. I signed a tenancy agreement for a 1 Bedroom apartment in 2002. The rent was set and I never questioned it (Why would I??). In March 2013, I found out that from the start of my tenancy I was registered as a two bedroom tenant paying rent for a two bedroom accommodation. This came about as I received a letter from the council requesting payments from me to pay for an unused bedroom space. When I notified my landlord they adjusted my rent account to reflect the rent their tenant's would normally pay for a 1 bedroom property. In addition, they also debited payments from my credit balance to cover the outstanding court costs. I didn't agree to any of this nor was a new tenancy agreement issued to me. - (Do I still have a legally binding tenancy agreement contract with my landlord)? I used their complaint procedure to request returning the court costs to my rent account as I believed I should not be held liable. My initial complaint was overruled and was told by my landlord that they were justified in their actions as my rent account still would have been in arrears even after the adjustments. I used my old rent statements, with the correct rent charges to calculate any outstanding arrears before the court applications were submitted and found this not being the case. Again following their complaint procedures, I re-submitted a compliant insisting that the court costs transferred from my credit balance should be returned to my rent account. After nearly a year on, my landlord agreed and confirmed my calculations and produced a gesture of good will (GOGW) of £190 to draw a line in my complaint. I did not agree with the (GOGW) and issued my final formal complaint to return all court cost's. Eventually, (as of last month) my landlord refunded my account with the full court costs suggesting that refunding the full amount was way of compensation to me. I am in desperate need of sound advice as to what rights I have as a tenant, if I am being treated fairly, do I have any entitlement or due compensation, who should i contact for legal advice and generally just being in this position as I feel that my landlord is not being up front with their obligations.

I am renting a room in a house which has 5 separate occupants the LL doesn't have an HMO licence. Can this make the tenancy agreement void? I've only been living here for a month and the house is not in good shape and would not meet the health and safety standards required. I moved in at the last minute because I was let down by another landlord and had no other choice and would like to get out of this contract and get my deposit and fees back.

I've read today that if a debtor contacts a bailiff at the Compliance Stage to set up a payment agreement, the EA will visit the debtor's home to set up the agreement and get a Controlled Goods Agreement thus costing the debtor another £235. If this is the case, no matter what the debtor does they're going to be charged £310, not just the £75 Compliance Stage fee. Is this right?

I just moved into a new flat 3 days ago, but I signed the tenancy agreement 7 days ago (I couldn't move in earlier because the landlord hadn't cleaned/maintained the flat in a good living condition). Anyway, the matter is that I just got a job to go abroad for 6 months (Exactly the duration of the tenancy agreement) and I don't want to be paying rent here for an empty flat. Is there any possible way I can get out of the contract before the initial 6 months term? there is no other clause in the contract. Thank you.

Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.

Hope this is in the correct place? Would appreciate some views on whether this would stand up in court - have no intention of it getting to that stage but am wondering how it would be possible to get out of the obligation - aware that the tenancy wouldn't continue if no guarantor was in place. This makes no mention of the amount of rent due, and no word in this states it is a deed or to be taken as one. It says "this AGREEMENT is made BETWEEN the Guarantor and the Landlord Guarantor _____________ Address _______________ Landlords (Agents details) Address (Agents address) Tenant(s) ____________ Property _______________ Proposed tenancy commencement date ____________ "General Notes This is a contract by which the Landlord agrees to grant a tenancy in consideration of the Guarantor’s agreement to act as surety for that tenancy agreement. • This agreement is for use with the letting of residential property and their associated tenancies. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant. Practitioners are advised to read the guidance notes that accompany this agreement. • It is essential that a copy of the proposed tenancy agreement is attached to the Guarantor Agreement and that the Guarantor is given adequate opportunity to read both documents before signing. • If the guarantor is not able to be present, in person, to sign the guarantee it is recommended that the guarantee is signed at least seven days before the tenancy is due to start. • This agreement has been drawn up after consideration of the Office of Fair Trading’s Guidance on Unfair terms in Tenancy Agreements." 1. The Landlord agrees to let the Property to the Tenant(s). In consideration of this, the Guarantor agrees to act for the Tenant(s) should he/they fail, for any reason, to meet the financial commitments arising from the Tenancy Agreement entered into in respect of the Property. 2. This Guarantor Agreement refers to the current tenancy being undertaken and any extension or renewal of that tenancy. All references to the Landlord herein shall be deemed to include the Landlord's Agent or any person authorised to act on the Landlord's behalf. 3. The Guarantor undertakes to pay to the Landlord from the date of this Agreement from time to time the Rent within 10 days of receipt of a written demand from the Landlord or his Agent addressed to the Guarantor if the Tenant following demand has not paid the amount being demanded when it was due under the Tenancy Agreement. 4. The Guarantor shall pay and make good to the Landlord on demand all reasonable losses and expenses of the Landlord incurred as a result of default by the Tenant in the performance or observance of the Tenant's covenants under the Tenancy Agreement. Any failure of the Landlord in demanding or collecting the Rent when it falls due, and any time to pay which may be given to the Tenant by the Landlord shall not release the Guarantor or in any way affect the liability of the Guarantor under this agreement. Should the Guarantor die during the currency of this agreement, the Guarantor’s estate will be liable as surety and co-principal debtor. 5. Where the Rent, or any portion of it, is paid by housing benefit or other benefit scheme, the Guarantor agrees to pay the Landlord or Agent for the amount of any claims arising from overpayment, which may be made by the local authority in relation to the specified Tenant(s). Such overpayments may occur at any time, either during the tenancy or within six years thereafter. 6. If the tenancy is for a fixed term, then this guarantee applies for the whole of the term and is not revocable during that term. 7. If the tenancy is periodic or has become periodic by agreement or the operation of law, then this guarantee may be terminated by written notice by the Guarantor subject to the Tenant vacating at the earliest legally permissible date required for possession. If the Tenant fails to vacate on this earliest date then the guarantee shall continue until the Tenant vacates. 8. It is agreed that there shall be no right to cancel this Agreement once the tenancy has begun and the Consumer Protection (Distance Selling) Regulations 2000 shall not apply in this case. SIGNED by GUARANTOR: __________________________________________________ _________________________ DATE: __________________ SIGNED by WITNESS: Name: __________________________________________________ ______________________ Address: __________________________________________________ ______________________ __________________________________________________ ______________________ __________________________________________________ ______________________ Witness Signature: __________________________________________________ ______________________ SIGNED by the Landlord / Agent : __________________________________________________ ____________________________________ XXXXXXX (agent for Landlord) XXXX XXXXXXXX Currently the contract is due to run out, no mention of renewal has been made to the tenant, the agent has been shoddy at best with paperwork with one instance court paperwork being issued against the guarantor and £300+ in fees being added to the account without anyone even receiving prior to that a written notification tenant was behind... Any opinions would be appreciated.