View Full Version : Acting as a guarantor
aratron
23-03-2010, 07:09 PM
please could anyone offer any advice?
i acted a a guarantor for a friend in 2003. At that time i signed an agreement with a letting agency.
the deed states that the property is for a ground floor flat.
now 4 years ago, my friend moved to another flat in the property. he is now in arrears of his rent, and the agency has written to me.
as he has now changed residence i am still legally bound to this agreement?
please help!!
noobcybot
23-03-2010, 07:12 PM
Surely you went with him to the lawyer to sign the agreement concearning that property only?
aratron
23-03-2010, 07:14 PM
Surely you went with him to the lawyer to sign the agreement concearning that property only?
sadly i didn't go with a lawyer no.
but i have a copy of the agreement i signed. and i know he is no longer in the address that the deed i signed for. so i am hoping the contract is now void.
unusual_suspect
23-03-2010, 07:17 PM
please could anyone offer any advice?
i acted a a guarantor for a friend in 2003. At that time i signed an agreement with a letting agency.
the deed states that the property is for a ground floor flat.
now 4 years ago, my friend moved to another flat in the property. he is now in arrears of his rent, and the agency has written to me.
as he has now changed residence i am still legally bound to this agreement?
please help!!
Do you have a copy of the tenancy agreement that you signed? As far as I know when I used my mum as a guarantor (I am UK resident) she had to sign the tenancy agreement, she also got her own copy. Also, when I renewed my tenancy after 6 months she had to sign again.
If you are in UK the organisation Shelter might be a good place to get advice, and of course all the freemen on this forum! :)
http://england.shelter.org.uk/
They have an advice line and local branches throughout the UK
aratron
23-03-2010, 07:19 PM
Do you have a copy of the tenancy agreement that you signed? As far as I know when I used my mum as a guarantor (I am UK resident) she had to sign the tenancy agreement, she also got her own copy. Also, when I renewed my tenancy after 6 months she had to sign again.
If you are in UK the organisation Shelter might be a good place to get advice, and of course all the freemen on this forum! :)
http://england.shelter.org.uk/
They have an advice line and local branches throughout the UK
i have a copy of a deed of being a guaranter that i signed but i did not sign a tenancy agreement.
my friend lived in flat one of a property on this agrrement, now he lives in the same house but on the top floor.
noobcybot
23-03-2010, 07:28 PM
i have a copy of a deed of being a guaranter that i signed but i did not sign a tenancy agreement.
my friend lived in flat one of a property on this agrrement, now he lives in the same house but on the top floor.
What does the guarantors agreement state if you dont mind me asking?
Also be aware that a lot of scammers pretending to be bailiffs, agencies etc... are trying it on with debts 1 or 2 years old or previously resolved, under negotiation and so on, at this time (its a shitstorm). So make sure the agency is legit and their details are relative to the older paperwork you have.
unusual_suspect
23-03-2010, 07:33 PM
i have a copy of a deed of being a guaranter that i signed but i did not sign a tenancy agreement.
my friend lived in flat one of a property on this agrrement, now he lives in the same house but on the top floor.
Is it a rented property? Shelter offer very good advice on all aspects of housing, they have helped me before with legal matters to do with housing. The CAB http://www.citizensadvice.org.uk/ are also excellent.
a close friend of mine has had a good result with the help of Shelter after having problems with a dishonest landlady.
aratron
23-03-2010, 07:35 PM
it is a legit agency and i signed a legit deed of guarantor.
however that was for a specific property.
the tenant then changed address so i think that i should no longer be legally bound.
because byt hat logic, he could change address anywhere and pay whatever rent and i would still be legally bound.
unusual_suspect
23-03-2010, 07:44 PM
it is a legit agency and i signed a legit deed of guarantor.
however that was for a specific property.
the tenant then changed address so i think that i should no longer be legally bound.
because byt hat logic, he could change address anywhere and pay whatever rent and i would still be legally bound.
You need to check that out for sure, you can talk to shelter and CAB if you are in UK, I am no legal xpert so would not like to comment and give you the wrong advice. Shelter or CAB will be able to tell you where you stand legally. You really need to know that in order to decide what action to take. :)
aratron
23-03-2010, 07:51 PM
You need to check that out for sure, you can talk to shelter and CAB if you are in UK, I am no legal xpert so would not like to comment and give you the wrong advice. Shelter or CAB will be able to tell you where you stand legally. You really need to know that in order to decide what action to take. :)
i'm going to see a solicitor as soon as
unusual_suspect
23-03-2010, 08:02 PM
i'm going to see a solicitor as soon as
I'm glad that you are findigng out where you stand, once you know, then the Freemen can give you better advice :)
aratron
23-03-2010, 08:13 PM
I'm glad that you are findigng out where you stand, once you know, then the Freemen can give you better advice :)
thanks mate. nice to know that!
number_6
23-03-2010, 09:15 PM
but i have a copy of the agreement i signed. and i know he is no longer in the address that the deed i signed for. so i am hoping the contract is now void.
How long was the agreement for?
merlincove
23-03-2010, 09:25 PM
How long was the agreement for?
that is important, most agreements are for 3 year lease, and beyond that you are not liable for any debt that is accrued after the 3 year (or whatever the stipulated period is) time is up.
i signed gaurantor, and was chased for a lot of money that was accrued after the lease period (3 years) was up. i basically told them to sing for it, and the moment i voiced a clear comprehension of contract law and any obligation that i was bound to = those wolves backed off.
Know what you are signing, and know that you can comfortably cover your liabilty before signing would be my advice - and further to that know your rights and obligations when you enter into discussion with those wolves, because they will all lie and cheat to try and lay the blame and the obligation to get their $, and once you have agreed to pay then you are obliged.
Good luck with it, and let us know how you get on. I've been in a similar situation, so if you need to feel free to PM me :D
scottmurray
23-03-2010, 09:51 PM
i think a shorthold assured tennancy agreement is valid for six months at the most presumably it wasnt a common law agreement
aratron
23-03-2010, 11:14 PM
How long was the agreement for?
there was no specific length of time in the agreement.
forever it seems.
aratron
23-03-2010, 11:15 PM
that is important, most agreements are for 3 year lease, and beyond that you are not liable for any debt that is accrued after the 3 year (or whatever the stipulated period is) time is up.
i signed gaurantor, and was chased for a lot of money that was accrued after the lease period (3 years) was up. i basically told them to sing for it, and the moment i voiced a clear comprehension of contract law and any obligation that i was bound to = those wolves backed off.
Know what you are signing, and know that you can comfortably cover your liabilty before signing would be my advice - and further to that know your rights and obligations when you enter into discussion with those wolves, because they will all lie and cheat to try and lay the blame and the obligation to get their $, and once you have agreed to pay then you are obliged.
Good luck with it, and let us know how you get on. I've been in a similar situation, so if you need to feel free to PM me :D
thanks dude. im thinking of seeing a solicitor, pretty scared and don't want these guys to bully me.
merlincove
23-03-2010, 11:56 PM
dont be scared dude, it is difficult to act level headed when you are scarred, just know where you are and what rights you have, and the full details of the contract that you signed.
Don't surrender your power to them.
it seems on the grounds of the OP that you were contracted into gaurantor for flat A, while your friend was in flat B, and so it seems that the contract does not cover the reformating, unless there is a clause within it to say that it covers the move etc.
Contracts can say many things, and each one is different.
Is there a lease period defined in the contractual document?
How much is the liabilty? Can you say?
Were there any witnesses to your signing?
Ok, these contracts rarely if ever give any consideration, that may be a point to focus on. However if it is not a contract (you'll need to look at the wording) and is a lease agreement (as is often the case) then it doesn't have to give a consideration as it is only an agreement.
focus on the wording and the lease period, if it stipulates that you agree to cover your friends liability in NAMED flat, then wherin your friend moved, the agreement is voided. If it stipulates a time period, and the liabilty is for a time beyond that period then the agreement is voided.
aratron
24-03-2010, 09:35 AM
focus on the wording and the lease period, if it stipulates that you agree to cover your friends liability in NAMED flat, then wherin your friend moved, the agreement is voided.
this
was a witness and everthing btw
aratron
24-03-2010, 04:49 PM
sorted out, i am not liable and they apologised for thier error.
crisis over, thanks for the adevice giys.
now anyone care to explain to me in laymans terms what a freeman on the land is?
prajna
24-03-2010, 05:07 PM
Good news, Aratron. If you want a good introduction to FMOTL it is worth looking up Robert-Arthur: Menard on Youtube.
aratron
24-03-2010, 05:29 PM
Good news, Aratron. If you want a good introduction to FMOTL it is worth looking up Robert-Arthur: Menard on Youtube.
cheers.
it is the most fucked up concept in the world. how this planet and its resources can belong to private interests.
how our water belongs to private people?
how fucked up is that?
prajna
24-03-2010, 05:49 PM
cheers.
it is the most fucked up concept in the world. how this planet and its resources can belong to private interests.
how our water belongs to private people?
how fucked up is that?
And doesn't it disturb you that you probably didn't think about it much before. Most people are so concerned with their day to day lives that they never think about such things. You have many more frights to come before you have a good understanding of quite how fucked up things have become. Did you watch Bursting Bubbles of Government Deception?
aratron
24-03-2010, 06:17 PM
And doesn't it disturb you that you probably didn't think about it much before. Most people are so concerned with their day to day lives that they never think about such things. You have many more frights to come before you have a good understanding of quite how fucked up things have become. Did you watch Bursting Bubbles of Government Deception?
i was born in 1973, i remember all these things that already been owned to us be privatised.
all resistence to this had been smashed by the thatcherite assualt on hippies at stonehenge, working peoiple in the various strikes, and the unemployment of the early 80s.
that and millions of public money spent on adverts on tv running day and night about it all.
all the gas, water, telecommunication rights we already owned.
would the country be in such a mess now if it still owned all those assets? instead it is owned by the banks/the elite.
this is a fantasy. i sincerely hope aliens etc do exist.
maybe they have galactic law, which can sort this zionist shithole out.
prajna
24-03-2010, 07:21 PM
i was born in 1973, i remember all these things that already been owned to us be privatised.
all resistence to this had been smashed by the thatcherite assualt on hippies at stonehenge, working peoiple in the various strikes, and the unemployment of the early 80s.
that and millions of public money spent on adverts on tv running day and night about it all.
all the gas, water, telecommunication rights we already owned.
would the country be in such a mess now if it still owned all those assets? instead it is owned by the banks/the elite.
this is a fantasy. i sincerely hope aliens etc do exist.
maybe they have galactic law, which can sort this zionist shithole out.
Aliens won't save you, Aratron. :) The only one who can save you is you. So let go of all ideas about aliens and other esoteric subjects and start to examine first your own nature, so that nobody else can tell you what your nature is because you will know it for yourself. Having done that then you can begin to study the nature of man-made concepts like 'society' and see if that is compatible with what you realise your own nature to be. Where it is not you then need to confront those aspects that conflict with your nature.
In order to confront 'society' it helps to have the support of others who have examined both their own nature and the nature of society. Others may appear to support what you are doing but really they are operating from ignorance, and therefore fear, and you will find them to be more of a hindrance than a help.