Ask a Law Question, Get an Answer ASAP!
Not to my knowledge i have never been released from the guarantee. I only know that the company that i guaranteed the £8000 overdraft is not trading and has been struck off Companies House .
Its bad news I am afraid. Until you are released from the guarantee you are liable .
it makes no difference whether or not it has been struck off - you are liable unless you have been released
All you can do at this stage is negotiate a settlement.
The only way to avoid a CCJ is by having a Tomlin Order
That is an Order where you agree to pay monthly in return having a CCJ
But if you miss a payment they can enter a CCJ
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything about this today please?
Ok,Would you feel that a good negotiation starting point would be to ask reduction in the debt of £8k,say to £6k? Plus i can only feasibly pay around £100/£150 at a push per calendar month without creating debt elsewhere.
Also, If they do not agree to this and insist on imposing a CCJ on my record,then so be it,I will not pay a penny of this debt back as i have no assets to call upon to service any possible Bailiff visit as i live with my Sister when in this country and just wait 6 year period while the CCJ sees out its term.
Where would i apply Tomlin Order? Is this something the Plaintiff would sort out?
And the Tomlin Order? Where and who would apply a request?
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/