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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I stood as guarantor for my sister when she took a public house

Customer Question

I stood as guarantor for my sister when she took a public house under lease. This was through a limited company. My sister sold the company when she left the pub and it went bankrupt twice which meant I was put into the position of sorting the debts to the owners of the pub etc. It was after these occasions when the pub lease was sold by me, not making a profit, having had to pay debts and do repairs etc. However in order to have the new lease holders the owners insisted that I stand as guarantor or they would not allow it to go through (blackmail). Some time after this, July 2009, I was involved in an accident and received extensive injuries, I have the evidence for this, including medical reports, and suffered extensive spinal injuries resulting in paraplegia and also other spinal injuries resulting in other problems, skull fracture to left maxillary sinus with hyperdense foci in right temporal lobe and possible subarachnoid blood. Fractures in S3 to second coccygeal segments leading to pre-sacral haemorrhage. I am amnesic for over 12 hours prior to accident. There are various traumatic brain injury criteria - all would classify this as at least moderate traumatic brain injury and some would classify this injury as severe. Was in hospital for just over one year.
I have memory problems as a result of the accident. Further in the report it is stated that I would need more time to deal with legal and financial affairs than previously and would need careful explanation of technical terms.
I was also informed today that Mr.Carter (joint leaseholder with his wife) has recently passed away.
The pub rent was raised apparently with Mr and Mrs Carter's agreement but not my knowledge when the pub was already unable to trade at a profit.
The solicitors have given me 14 days for proposals for payment and also their clients claim is to go to court at 10.50 a.m. on the 24th October at the County Court at Norwich.
If I would be better to go to court could I get the case transferred to Liverpool where I now live? I would find it virtually impossible to go to Norwich for the case due to the injuries and continuing 24 hour care.
Following the accident I have money in a bare trust which was set up after the accident but there is not enough for all my needs as specified by experts and agreed by the insurance companies. I would like also to be free of the guarantor agreement and wonder if I am already, as the letter states that the solicitors client (the pub owners?) has now forfeited the lease and then continues with the above about the hearing of their client's on the 24th October. I receive benefits, from the social for my disability and unemployment support allowance.
Finally the questions:-
Am I still going to be liable for the debts of just over £46,000?
Would I be better going to court and if so could I get the case transferred to Liverpool?
As the lease was running to 2017 am I still liable till then?
Would I be better getting a solicitor to act for me especially as I am not able to function as well as before my accident and can I get help with the cost of legal help?
Iain Gilham.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did they ever release you as guarantor please?

JACUSTOMER-yow23j71- :

Not been released as far as I know.

Alex Watts :

1. As Defendant you can have the case transferred to your home Court, if it is for the dent

Alex Watts :

* debt *

Alex Watts :

2. You are guarantor until released I am sorry to say, not just when the lease ends

Alex Watts :

3. Yes you are liable for the debts until you are released

Alex Watts :

4. I would go to Court if you can make it or make a formal application to have it transferred

Alex Watts :

5. You are liable until 2017 yes

Alex Watts :

6. If you can get a Solicitor I would do so

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-yow23j71- :

with the death of the joint tenant (husband) does that make any difference. Surely they are liable in the first instance and although mr Carter has died does that release mrs carter.

JACUSTOMER-yow23j71- :

What is the situation of my trust can they take that.

Alex Watts :

Sadly that makes no difference, until you are released you remain as guarnator.

JACUSTOMER-yow23j71- :

what does it mean that the solicitors client has now forfeited the lease?

Alex Watts :

That means the lease has come to an end.

Alex Watts :

But you would be responsible for any payments under that lease such as rent etc

JACUSTOMER-yow23j71- :

Would that mean any payments which have occurred up to the end of the lease and no further?

Alex Watts :

Well if there is further rent due because the property is empty you would be liable for that too

JACUSTOMER-yow23j71- :

sorry can you do that again please? if they have forfeited the lease from for arguments sake yesterday do I still have to pay rent after yesterday. If so that would seem funny as I would normally be able to get someone in to the property to run the pub. Not that that is really the case as I don't think anyone could make money there!

Alex Watts :

Ok - if the lease is for a number of years, say 5

Alex Watts :

If the lease is surrendered then liability ends.

Alex Watts :

If the lease has been forfeit say after 3 years that means they are technically liable for the remaining 2 years

Alex Watts :

But the Landlord should get other tenants in

Alex Watts :

The tenant (or guarantor) would therefore only be responsible for the empty period

Alex Watts :

Does this help?

JACUSTOMER-yow23j71- :

I am still not sure. The lease ends in 2017 but the other side has forfeited the lease. Informing me today that they have done so. If they have forfeited the lease then I assume as owners they will have another lease written out and dealt with for another 10 or 20 years. So how would that affect me?

Alex Watts :

Oh the other side. Ok - in that case you are only liable up to the date they forfeit it

Alex Watts :

So only to the date they did that

Alex Watts :

Does that help?

JACUSTOMER-yow23j71- :

Thanks very much. Sorry I have been a bit unsure. that has helped. Iain.

Alex Watts :

Iain I am happy to help.

Alex Watts :

Can I help with anything else today?

JACUSTOMER-yow23j71- :

No that was good thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I am not sure what has happened but I did rate the service you me with as excellent. The rating is there above and if you need it done again please let me know.

Thanks,

Iain Gilham

Expert:  Ash replied 2 years ago.
No, don't worry I think they are system generated - thanks.
Alex

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