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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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On the 30/11/15 I was a served a county court claim for

Customer Question

On the 30/11/15 I was a served a county court claim for £1,631 by a landlord in Leeds.
I am a guarantor jointly and severally for my son, a student at Leeds Uni. However one tenant did not have a guarantor - and he caused some damage to the property, some £600 of the total.
The document served to me stated "Particulars of Claim to follow". Since we contested the claim (the amounts claimed being far too high) we replied that we had received the document and awaited the Particulars.
There was no further contact from the court. On the 16/08/16 I received a judgment for claimant for a total of £1736.
I feel this is unfair as we have not seen any details of costs incurred by the landlord.
My questions are:
A - can I be held responsible jointly & severally if not all tenants have a guarantor?
B - what is the best course of action for the payment now? The payment must be made by the 13th September to avoid a county court judgement. I am minded to pay this to avoid issues with credit agencies but I think it's unfair.
Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.

Hi thank you for your question and welcome. My name is ***** ***** I will assist you. If you are jointly and severally liable for the whole debt then I am afraid it does not matter whether the other tenants had a guarantor. I would recommend you pay the judgment before the 13th you can then apply for a certificate of satisfaction and the judgment will not appear on your credit records- but this must be done no later than 28 days from the judgment otherwise the judgment will appear on your record marked as satisfied.l (assuming you pay it). On a side note you are entitled to claim part of this debt from the other tenants under the Civil Liability (Contribution) Act 1978 . Kind regards AJ

Customer: replied 2 months ago.
Hi AJ, thanks for your reply. I took your advice and we paid the debt in full, the cheque cleared on the the 13th. I assume i need to fill out a form for 'certificate of satisfaction' - is there a time limit on that?Regards, Ian
Expert:  Alex J. replied 2 months ago.

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

Hi Please see the above link that explains how the certificate of satisfaction is filed. Kind regards AJ

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