Notice of High Court enforcement - sent to guarantor

[immaculate]

I recently received a notice of enforcement from Andrew Wilson & Co.

I am a joint guarantor for rent which was not paid for several months by the tenant, they have not shown any intention of paying the amounts outstanding. The amount is around £10K which i believe the other guarantor should be responsible for half of that, but the letter of enforcement which was sent to me was for the full amount outstanding. Also, at the time of signing to be guarantor i was grieving the loss of a family member and i have since been very ill and it has prevented me from working for the last 6 months since this have all started.

I am looking for some guidance on next steps please as I am not in the position to pay the debt off and i could pay installments but i do not feel as if i should be responsible as at the time to agreeing to become a guarantor i was misled and the tenant have since left the country. Also, this have not had an adverse affect on my credit history, since the tenant failed to meet the payment plan that was paid following the court hearing last year and i am not concerned that this enforcement notice will also put another mark on my credit history. Any guidance on my illness (mental) being a mitigating circumstances, the bereavement at the time of signing the guarantor agreement, sick leave from work and my financial obligations (mortgage).

[ploddertom]

You will have trouble arguing some of your points over this as surely if you were not fit enough at the time you should not have signed to become a guarantor.

[immaculate]

Hi everyone

I need your help urgently on this matter. I submitted a N244 to stay the writ of control which was granted on a interim basis pending a hearing. In the meantime, I applied to have the order varied to monthly payments of £200 a month, sending across my medical details, which was accepted. The court ordered that I could pay the £200 a month of £9,000 to the claimants solicitors. But the problem was the claimants solicitors kept sending the cheques back to me, insisting that I paid Andrew Wilson. So for 4 months I paid the claimants solicitors and they sent the cheques back. In January, they sent me a letter to say if I don’t pay Andrew Wilson they will be taking me to Court.

So for February payment I had no option but to pay Andrew Wilson directly, which I did by cheque and explaining to them that I was only paying the judgment debt which is £9,000k and not the writ it control. Andrew Wilson replied to me with a statement showing that I actually owe them £15,000k. That included their fees. *

In the meantime, I approached the Court to let them know about the payment issues I was having, so they arranged a variation order hearing for April. *But as of last week the Court replied to say that the hearing is vacated and that the order from September last year to pay the £200 a month stands. They did mention that I had 7 days to respond to set aside the judgment or vary it.*

My question is this: the variation order stated £9,000 for £200 a month. Andrew Wilson is asking for £15,000; which include their fees. The variation order says I should pay the claimants solicitors; now that I am forced to pay Andrew Wilson what can I do ? Shall I ask the court to vary the order again? Set it aside completely ? Should I ask the Court to clarify who I should pay ? The writ is stayed, interim. How can I get the writ cancelled all together ? Is this the real problem here ?*

What can I do about Andrew Wilson fees? The variation order is for a different amount they are requesting?*

Also, I don’t have a CCJ against my name they took a Possession Order against my prototype and have a charge on my property. I don’t think I can do anything about that now, unless the entire judgment is set aside.

looking forward to hearing from you soon
thanks*

*

[Light181]

i am wondering how it all went in the end for you.....since this happened during lockdown.....hope is well