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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning my son has acted as a guarantor so called

Resolved Question:

Good morning
my son has acted as a guarantor for his so called friend. The firm is amigo. I only found out when amigo started calling my house to speak to my son who lives with me. The loan was for 5000.00 and the borrower has never even made the first repayment of about 250.00. I don't think he has any intention of paying and he has used my son because he knows he is well off in comparison to him. I am really upset because my son is really good hearted and trusting. I have looked through the amigo terms and conditions and there seems to be no get out but surely the borrower should have more responsibility than my son. Would my son be able to sue the borrower for any monies paid by him to amigo?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.Whilst he has no defence against "Amigo" your son can indeed sue his "friend" for any monies that he has to pay Amigo.He can use the Small Claims process via Money Claim onlinehttps://www.moneyclaim.gov.uk/web/mcol/welcomePlease ask if you need further details
Customer: replied 1 year ago.
Thank you Claire, that gives me some peace of mind. Is there a time scale for claiming? As the loan is over 3 years would he have to wait that length of time?
Expert:  Clare replied 1 year ago.
NO he can claim each time he has to pay AmigoHe has six years after the last payment to claim
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