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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I need help after getting advice from the national debt

Resolved Question:

I need help after getting advice from the national debt agency which advised me to take out a N244 form against a court injunction.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
I was issued a court letter from my ex boyfriends father claiming £1800 to pay his family back for a deposit on a property.
When the letter from the court was sent in August I was not at the property the letter was sent to, and never replied, so I was found guilt and ordered to pay the money in full.
However, not only am I not responsible for the deposit, as stated in our tenancy agreement, but the claimant has also lied in multiple accusations in the claim. Hence why I would now like to send a N244 form to allow the claim to be overturned if it was successful.
Customer: replied 1 year ago.
I am wondering my likelihood in being successful with a N244 form
Customer: replied 1 year ago.
I must also add, that I have previously reported the claimant to the police, and was issued with a crime reference number in which to contact if he or his son were demanding or harassing against me- the advice I received from Citizens advice was that this could be important.
Expert:  Jo C. replied 1 year ago.

If this is a tenancy agreement then surely you are jointly and separately liable?

Customer: replied 1 year ago.
The tenancy is over, it was terminated in June and all arrears and damages are now paid. However, because some of the damages and arrears were taken out of a deposit paid for by a relative of my ex boyfriend, his father is now claiming I pay their family all the money back
Expert:  Jo C. replied 1 year ago.

Ok.

Who caused the damage?

Doesn't the contract say you are jointly and separately liable?

Customer: replied 1 year ago.
The damaged was caused by everyone in the property, not just myself.I am now trying to find a copy of the tenancy agreement to see exactly what it says
Customer: replied 1 year ago.
I cannot find the tenancy agreement unfortunately but I'm sure that it stated all the tenants "jointly and severally liable" for each other's rents. Also that a guarantor is also jointly and severally liable.The guarantor being my ex boyfriends father
Expert:  Jo C. replied 1 year ago.

A guarantor can recover from the main contractor if he has to pay out under the guarantee.

If you are jointly and separately liable under the contract then he can sue you to recover. It doesn't matter whether you caused the damage or another.

You could recover by suing the others but that doesn't mean you are not liable.

You might be able to get this set aside and negotiate something but that doesn't mean you are not liable in principle.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
getting the claim set aside will be dependent on the claimant?
Expert:  Jo C. replied 1 year ago.

No, not at all.

He can contest it but it is a matter for the court.

Customer: replied 1 year ago.
going forward, an N244 form and a second hearing would be the best way to potentially start the process again and allow me to go to court and fight my case?
Expert:  Jo C. replied 1 year ago.

well, do you need to avoid the CCJ?

Customer: replied 1 year ago.
Absolutely, I only work part time and can't afford to pay the claimant
Expert:  Jo C. replied 1 year ago.

Yes, but that will probably happen anyway.

If it is just a financial thing then I would consider issuing against the other people to recover at least some of what is owed.
You are liable to the guarantor so there is no point in a N244.

Customer: replied 1 year ago.
One final question, because the gaurentor didn't actually cover the missing rent, and the rent arrears were recovered from a deposit which was loaned to us, and it wasn't made aware to me on paper that any of the missing deposit was to be paid back, would this help?
Expert:  Jo C. replied 1 year ago.

From whom was it loaned?

Customer: replied 1 year ago.
A grandparent of my ex boyfriend. And my grandparents contributed to the first months rent to equal out the payments
Expert:  Jo C. replied 1 year ago.

Did the guarantor suffer any loss?

Customer: replied 1 year ago.
None at all.
Expert:  Jo C. replied 1 year ago.

Does he accept that?

Customer: replied 1 year ago.
In the claim he wasn't claiming money on behalf of himself
Customer: replied 1 year ago.
I suppose he does
Expert:  Jo C. replied 1 year ago.

What was the basis of his claim?

Customer: replied 1 year ago.
Asking for money on behalf of another family member- the grand parent who paid the deposit. The money wasn't his at all
Expert:  Jo C. replied 1 year ago.

On the face of it there isn't a claim on that basis but I would be concerned that wasn't picked up at the time that the original case was heard.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
This was my concern, hence why I would have appealed if I'd have got the letter.