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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70189
Experience:  Over 5 years in practice
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I have recently had to pay five thousand two hundred pounds

Customer Question

I have recently had to pay five thousand two hundred pounds as I signed as garden for for my Granadaughter she now won't answer my calls is there any way I can get her to at least pay me some back she is on benefits.what I meant was garden for a house she wanted to rent but she left the property owing rent and damage to the property.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you mean you have had to pay out under a guarantor?
Customer: replied 3 years ago.

She needed a me to sign as guarantor before she could move in .

Expert:  Jo C. replied 3 years ago.
So you have had to pay out under a guarantee?

Is she ever likely to work or is she going to be on long term benefits?
Customer: replied 3 years ago.

She has three children so I should think she would be on benefits for long term.I was only trying to help her .

Expert:  Jo C. replied 3 years ago.
Thanks.

Would it be possible to give me the information I asked for? I'm not sure whether or not my questions are visible to you?
Customer: replied 3 years ago.

A bailiff called on me to take my things so my husband wrote a cheque for the amount he showed me .I was very worried I should never had acted as garden for for her.

Expert:  Jo C. replied 3 years ago.
Thanks.

What I need to know is this.

1 Have you signed a guarantee agreement please?
Customer: replied 3 years ago.

Yes I did sign it was about four years ago.

Expert:  Jo C. replied 3 years ago.
Do you know when that AST ended?

Was this an AST?
Customer: replied 3 years ago.

What is an ast


 

Expert:  Jo C. replied 3 years ago.
Assured shorthold tenancy agreement?
Customer: replied 3 years ago.

My granddaughter signed a new lease after a six months I did not when I questions this they told me that it just carried on through.and how do I rate you sorry.

Expert:  Jo C. replied 3 years ago.
You won't be able to do that until I have responded so don't worry about that.

Did you sign a fresh guarantor when she signed a new AST?
Customer: replied 3 years ago.

No I didn't I only signed once.

Expert:  Jo C. replied 3 years ago.
Ok.

Is she long term unemployed or has she worked recently?

Does she have any assets or money?
Customer: replied 3 years ago.

She has a car but no job and no assets that I know of and now lives in council property.

Expert:  Jo C. replied 3 years ago.
Thanks.

Do you know what the date of judgment was?
Customer: replied 3 years ago.

It was about six weeks ago I did have a court date sent to me but shone that's my granddaughter told me we didn't need to go as she had offered to make payments .as I have been ill in hospital.

Expert:  Jo C. replied 3 years ago.
Thanks.

I would normally suggest trying to get judgment set aside as you may well have a defence because you don't seem to have underpinned the latter contracts. However, you were sent the summons and just didn't answer it on her instruction so there are not really grounds here.

You do have a claim against her if you have had to pay out under the guarantee. You can issue against her here

www.moneyclaim.gov.uk

there shouldn't be any problem with getting judgment against her. That is simple enough. The issue will be getting the money. If she is in receipt of benefits then you will only get a very low sum every month but its better than getting nothing at all which is probably the alternative here.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thank you jo sorry I was a bit vague but it has upset me to think she could do this to me

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
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Customer: replied 3 years ago.

Dear John c how much would it cost me to take a writ out on my granddaughter as I need to do something it's making me ill I can't sleep.

Expert:  Jo C. replied 3 years ago.
I'm due on court this morning but I can look at this later if thats ok?
Customer: replied 3 years ago.

thank you no.

Expert:  Jo C. replied 3 years ago.
Depending on the amount of money that your grand daughter owes you depends on how much the fee is.

If you follow this link, it will take you to form EX50 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Which give details of the court fees.

If you have a look on page 3 you will see the scale of fees for using the online system in the right-hand column..

There are other fees as the matter progresses which you will see Allocation at the bottom of page 4 which may or may not be payable depending on the amount of money.

Page 5, pre-trial checklist in hearing fee.

If this goes to court and any defence fails or if the defendant fails to go to court and you get default judgement, all these costs will be added on to the original amount of money and you will get judgement against her for what you say is owed to you and also for all the above costs.

However you cannot get blood out of a stone and unless she has the money to pay you , you are then faced with making a further application to court to enforce the judgement by sending bailiffs round to the house to levy distress on goods, taking money straight from her bank account (a third-party debt order) or money directly from her wages (an attachment of earnings order).

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