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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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In order to get a boyfriend out of her house my daughter

Resolved Question:

In order to get a boyfriend out of her house my daughter agreed to guarantee a loan from amigo without telling us. We would have told her not to of course. But now 6 months later he declared to her that he was not going to bother to pay the loan which now has meant my daughter has had to pay 3 monthly instalments to date.
He is in full time employment and has chosen not to pay
She has asked him to pay but he refuses ..... is there any action she can take against him to recover the money ....., amino are no help.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Does he have the means to pay realistically?

I realise he is working but is he earning enough?

Customer: replied 6 months ago.
He should doThe was renting but now lives with a girlfriend so has no serious outgoings ...but he spends money like water
Expert:  Jo C. replied 6 months ago.

How much is the loan?

Customer: replied 6 months ago.
I belive it's £10000 but that may be the resultant gross payment
Customer: replied 6 months ago.
She is paying 400 a month
Customer: replied 6 months ago.
up to now she has paid just shy of 1200 pounds
Customer: replied 6 months ago.
I belive it's a 5 year loan
Expert:  Jo C. replied 6 months ago.

She needs to get to the bottom of the sum in question. That will be critical.

In principle though, she could sue him at the civil courts. Clearly there was a contract that she would guarantee this loan and that is fine but a court will usually accept that the debtor is the primarily liable person.

If he is working then he would be worth suing.

The issue really is the amount owed and, in particular, whether with costs and interest it would be over £10k. £10k is the limit for a small claims court sum. To sue cheaply she needs to do it at the small claims court.

Might be worth getting a solicitor or a barrister under public access to send him a letter before action though before issuing.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
OK thanks one further question obviously the debt to my daughter rises each month so to sue we would either have to make numerous small claims or wait until debt cleared or pay it off and claim is that your understanding
Expert:  Jo C. replied 6 months ago.

I'm not sure what you mean?

Customer: replied 6 months ago.
Sorry my bad explanation..... at moment the amount my daughter has paid is around 1200 and each month he does not pay it rises .... if we paid the loan off early it would increase a lower cost to us...... could we sue him multiple times for say every three months he does not pay or must we clear the debt first and then sue
Expert:  Jo C. replied 6 months ago.

So they don't have a CCJ against her ?

Customer: replied 6 months ago.
No they don't as as soon as she has been asked to pay for him each month she has done
Customer: replied 6 months ago.
I am guessing but I belive he does have ccjs against him
Expert:  Jo C. replied 6 months ago.

Well, she could refuse to pay but then they would seek a CCJ which is not desirable.

She could sue for the sum that she has actually paid or she could take over responsibility for the loan and then sue for the full amount.

Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 6 months ago.
OK that's great thank you for your help ....... she is obviously very upset ....... and him not paying is putting a big hole in her finances for her and the two boys ...... thanks
Expert:  Jo C. replied 6 months ago.

No problem.

All the best.

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