Landlord Claimform - Friends business Rent - i am guarantor

[letsfly]

Can someone please help.

 

I received a money claim and the trial is coming very soon.

 

The claimants are the landlord,

sent out a late payment warning letter in 2016,

no warning letter has been received since. 

I received a money claim against me in December 2018 without a letter before action. 

The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015.

 

We have a newer agreement that was signed in 2016 but the claimants have always denied this. 

Today on their witness statement, they have attached this agreement date 2016.

Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court?

 

Any help would be greatly appreciated.

 

Thank you! 

[dx100uk]

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post up the defence you sent 

 

scan their WS to ONE MULTIPAGE PDF ONLY

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[stu007]

Hi

 

What date did they move into the Property & when did the Tenancy end?

 

How long was the initial Tenancy Agreement for?

 

Did you pay a Deposit/Holding Deposit for the Property?

 

Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)

 

Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?

 

Is the Claim for Rent Arrears/Damages etc.?

 

Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?

 

 

[letsfly]

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? 

 

Thank you.