claimform for being a guarantor on a rent agreement - help

[Ganymede]

Hi, hoping to just clarify a couple of things before completing and sending this back to the court (relates to my other thread about guarantor agreement).

 

Does a lay representative need to be listed under the witnesses box in Section D or do they just tag along on the day?

 

Also how should the papers be served on the other party to show to the court this has been done as they asked? Was thinking post office certificate of postage would look better than service by hand to their premises, or will that suffice?

 

Many thanks

 

No, only people giving evidence who will be submitting a Witness Statement should be named as a witness.

 

It's also not necessary to send proof of postage. Just stick it in the post at least two working days before it's due.

[msorganised]

Many thanks Ganymede

[Belaflat]

Very interested in this thread as I am in pre litigation stages arguing over a similar contract with what I think are unfair terms and charges.

Not going to hijack the thread as I already have my own, just subscribing with interest.

Good Luck

BF

[msorganised]

Very interested in this thread as I am in pre litigation stages arguing over a similar contract with what I think are unfair terms and charges.

Not going to hijack the thread as I already have my own, just subscribing with interest.

Good Luck

BF

 

Thanks, I've followed your thread too but noticed you hadn't posted for a few days on it - if you wanted to discuss feel free to PM me

[msorganised]

As an update today was the day we were supposed to receive their copy of the allocation questionnaire back - nothing from the claimant at all

[msorganised]

Hi all, a further update - heard nothing relating to the court action since the AQ should have been sent by them to us - have emailed the court this week asking if it has been filed with them but so far no response. They have in the meantime obtained a CCJ against the tenant for the initial claimed amount, although that has long since been paid but new arrears have accrued.

 

This week the agent have sent through a new demand for another £1100 - £300 was paid by the tenant while the letter was in the post, and it's marked final demand and warns of potential court action again. Minded to email them and point out as a defence has been filed with the court already explaining why we do not accept we should be liable for this and therefore why are they trying exactly the same action again... Twice in two months and they know arrears will be ongoing until they evict - surely the court will frown upon repeated claims especially if they don't follow through? We were prepapred for a day in court if need be, yet they seem to be going back to square one...

 

Any advice on how to respond to that is welcome.

[steampowered]

I personally would ignore the recent demands, or just a short response stating that court proceedings are ongoing and a defence has been filed.

 

The court will not be particularly interested in the fact that the other side is sending more demands - seems like a waste of paper to me. The court will be interested in whether or not you are liable to pay the money which has been claimed under the guarantee.

 

As previously mentioned, it wouldn't be a bad idea to offer to settle this claim for some of the outstanding rent. It seems to me that you will be able to contest the charges but I'm not sure you could contest the rent, as at the end of the day you did sign a guarantee.

[lee6370]

Agree with steampower, I was a guarantor (never again) and found myself facing the small claims court because the tenant didn't pay the rent. I paid the rent arrears and refused to pay any costs, which the letting agent just seemed to make up as they went along and after paying the rent arrears the small claim was dropped. Not saying they will drop yours but since you will be liable for the rent, its best to remove this from the equation so the sole focus of the claim becomes their overcharging fees.

[msorganised]

Thanks both for your input. Today received a copy of an order sent to the claimant to file the directions questionnaire by x date this month or their claim will be struck out. The agent has emailed this week but only to ask the tenant to get in touch, no further demand or reference to the letter in the post. I don't think they will follow through with the initial claim but think they might issue a new claim as when the rent renews this month the tenant will immediately be a month in arrears again. The tenant won't willingly move out until they find somewhere (looking for a smaller property that will be more affordable) that will take a HB paid deposit, rent paid by HB, and accept them with a CCJ, which to me seems nigh on impossible if not seriously unlikely but otherwise they will be homeless with a teenager... Lee6370 even without knowing the ins and outs of what happened to you I can imagine why you say never again

[steampowered]

That's a really tough situation. Have they approached their council's housing officer? They can sometimes help.

 

To be honest I would just keep quiet about the directions questionnaire. The agent doesn't sound very competent and I would not be surprised if the claim gets stuck out. If they true to issue another claim after the first one has been struck out, you can try to defend the new claim by saying that it is an abuse of process.

[msorganised]

That's a really tough situation. Have they approached their council's housing officer? They can sometimes help.

 

To be honest I would just keep quiet about the directions questionnaire. The agent doesn't sound very competent and I would not be surprised if the claim gets stuck out. If they true to issue another claim after the first one has been struck out, you can try to defend the new claim by saying that it is an abuse of process.

 

Sorry for the delayed response... Council have not been able to help beyond saying find a rental we'll pay your deposit, but no agent would take her on now I don't think...

 

 

An update on the court proceeding, the agent sent back the DQ at the very last possible date before it would have been struck out without sending a copy to us, so now it's been recommended mediation is attempted, but I have a further question....

 

Seperate claims were issued against tenant and guarantor at the same time (not named as co-defendants but for the same rental debt), a judgement for this amount was given against the tenant and they are paying in court agreed installments after a hearing however claim against guarantor is still dragging on, but with a judgement secured for this debt albeit against the tenant should they even still be proceeding for the same amount against guarantor now? Any advice would be welcome as I think we are in rather an unusual situation here now...

[msorganised]

Bumping in case anyone can advise please? Many thanks...

[AndyOrch]

A judgement for this amount was given against the tenant and they are paying in court agreed installments after a hearing however claim against guarantor is still dragging on, but with a judgement secured for this debt albeit against the tenant should they even still be proceeding for the same amount against guarantor now?

 

Yes ....because the judgment is not satisfied and the Liability remains with the Guarantor...but take a read of the following....9.28

 

https://books.google.co.uk/books?id=XyoC3ncWwtEC&pg=PA244&lpg=PA244&dq=suing+two+people+for+the+same+debt&source=bl&ots=Iyra5k6xfN&sig=u89X_dhe8lqzF4Je7GjRkgb8QZ8&hl=en&sa=X&ei=s89PVZSXE8WOsAGGwoDYCw&ved=0CF4Q6AEwCQ#v=onepage&q=suing%20two%20people%20for%20the%20same%20debt&f=false

 

Regards

 

Andy

[msorganised]

A judgement for this amount was given against the tenant and they are paying in court agreed installments after a hearing however claim against guarantor is still dragging on, but with a judgement secured for this debt albeit against the tenant should they even still be proceeding for the same amount against guarantor now?

 

Yes ....because the judgment is not satisfied and the Liability remains with the Guarantor...but take a read of the following....9.28

 

https://books.google.co.uk/books?id=XyoC3ncWwtEC&pg=PA244&lpg=PA244&dq=suing+two+people+for+the+same+debt&source=bl&ots=Iyra5k6xfN&sig=u89X_dhe8lqzF4Je7GjRkgb8QZ8&hl=en&sa=X&ei=s89PVZSXE8WOsAGGwoDYCw&ved=0CF4Q6AEwCQ#v=onepage&q=suing%20two%20people%20for%20the%20same%20debt&f=false

 

Regards

 

Andy

 

Thanks Andyorch, I will read through this later as it's rather early for me to take in and I assume I'll need the contracts to refer to, appreciate the link.

[msorganised]

Hi all, just wanted to get opinions please on what is likely to have happened with the claim - had a letter through nearly 6 weeks ago saying claim had been referred to local county court for a judge to decide what track etc - it said to allow 5 days for the file to be received by the court. Since then we have not heard a single thing from the court - is this timescale normal does anyone know?

 

The agent/LL said last month they were going to commence proceedings to seek possession of the property, however no notice was ever served on the T and now they are back to chasing the rent arrears - back to square one it seems as we thought there would be a resolution one way or another (court decision or eviction of the T) and now neither seems to be in the pipeline...