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Help with recovering money paid out as a guarantor

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  • Help with recovering money paid out as a guarantor

    Hi. I wonder if you can help.
    I stood guarantor for the daughter of a long standing family friend. 2 months into the loan the young lady decided that she did not have to pay the loan as she had a guarantor and I was left with the debt. She was asked to complete an income and expenditure statement which she did but when the lenders tried to contact her to discuss further she had changed her mobile numbers. Whilst month on month the lender tried to contact her she did not respond to emails phone calls or txts. To save me paying huge interest rates on debt I could no longer afford as my own circumstances had changed my daughter lent me the money to settle this debt. I would like to take this to a small clams court to try and recover some of the money. In the early stages of this loan I did receive a txt from the borrower accepting responsibility for this debt. Is there anything I can do,
    Last edited by reneira; 28th June 2019, 15:32:PM.
    Tags: None

  • #2
    Hello

    The general position is that a guarantor is entitled to recover the monies paid to the creditor, assuming you've not waited more than 6 years to try and recover this.

    Do you know the address where the daughter lives?
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Originally posted by R0b View Post
      Hello

      The general position is that a guarantor is entitled to recover the monies paid to the creditor, assuming you've not waited more than 6 years to try and recover this.

      Do you know the address where the daughter lives?
      Yes. My daughter lives in Bristol the BORROWER lives in Dewsbury.
      Last edited by reneira; 28th June 2019, 15:29:PM.

      Comment


      • #4
        Do you know her address or financial circumstances at all ? If she works for an employer etc ? You could take her to court and obtain a judgment against her but that won't guarantee payments due you are likely to have to enforce and possibly accept token payments over a long period. It's unlikely the threat of a ccj will concern her if she thought nothing of just ditching the loan for you to pick up the pieces of.

        How much was the loan ? and how long ago did you settle it ?

        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Originally posted by reneira View Post

          Yes. My daughter lives in Bristol the LENDER lives in Dewsbury.
          I meant the debtor. You are very unlikely to have any rights against the lender and your daughter, well you borrowed the money from her so I assume you don';t want to sue her?

          My questio was geared towards whether you know the location of the debtor - as that will be your course of remedy.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Originally posted by Amethyst View Post
            Do you know her address or financial circumstances at all ? If she works for an employer etc ? You could take her to court and obtain a judgment against her but that won't guarantee payments due you are likely to have to enforce and possibly accept token payments over a long period. It's unlikely the threat of a ccj will concern her if she thought nothing of just ditching the loan for you to pick up the pieces of.

            How much was the loan ? and how long ago did you settle it ?
            We have just settled the loan this week. I do know that the borrower is not working. the value was for £4807 including fees and fixed interest rate of %31.97. I don't have a dispute with my daughter just with the Borrower. I was hoping that if I went to a small claims court and if the outcome was favourable that if at any time in the future she did get a job she would be forced to pay something back towards this.
            Last edited by reneira; 28th June 2019, 15:29:PM.

            Comment


            • #7
              Originally posted by R0b View Post

              I meant the debtor. You are very unlikely to have any rights against the lender and your daughter, well you borrowed the money from her so I assume you don';t want to sue her?

              My questio was geared towards whether you know the location of the debtor - as that will be your course of remedy.
              Yes I have her address. My daughter offered to help me clear this to prevent me paying high interest rates against a debt I did not benefit from. I would have taken a different approach had the young lady who asked for my help to secure this loan made an effort to engage with George Banco who lent her the money
              Last edited by reneira; 28th June 2019, 15:31:PM.

              Comment


              • #8
                Originally posted by reneira View Post

                We have just settled the loan this week. I do know that the borrower is not working. the value was for £4807 including fees and fixed interest rate of %31.97. I don't have a dispute with my daughter just with the Borrower. I was hoping that if I went to a small claims court and if the outcome was favourabel that if at any time in the future she did get a job she would be forced to pay something back towards this.
                We have just settled the loan this week. As far as I am aware this person is not working. the value was for £4807 including fees and fixed interest rate of %31.97. I was hoping that if I went to a small claims court and if the outcome was favourable that if at any time in the future she did get a job she would be forced to pay something back towards this.

                Comment


                • #9
                  Originally posted by Amethyst View Post
                  Do you know her address or financial circumstances at all ? If she works for an employer etc ? You could take her to court and obtain a judgment against her but that won't guarantee payments due you are likely to have to enforce and possibly accept token payments over a long period. It's unlikely the threat of a ccj will concern her if she thought nothing of just ditching the loan for you to pick up the pieces of.

                  How much was the loan ? and how long ago did you settle it ?
                  Do I need to have legal representation to take this to court?

                  Comment


                  • #10
                    No you can do it yourself.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment

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