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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Even though I am a garantor on a loan and a person is not paying

Resolved Question:

Even though I am a garantor on a loan and a person is not paying his half of the repayments and I am haviung to pay the amount due each month am I able to take him to court to claim his half of the payments
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If the person you are guaranteeing is defaulting upon the loan and you are having to pay out upon it then you have a claim against him.
There is an implicit term in your contract with him that he will make payments upon this loan otherwise the loan would be in your name. He is not. That is a breach.
You can seek compensation at the small claims court if the sum is under £10k.
Can I clarify anything for you?
Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you give me any information how to go about this

Expert:  Jo C. replied 2 years ago.
You can issue here
www.moneyclaim.gov.uk
It is a very simple process with the forms prompting the information you need.
It is probably a good idea to write to him first demanding that payment begins and making clear that you will sue in default. May work. May not but it is free to do.

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