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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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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: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

How can I help with this please?

Customer: replied 7 months 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 7 months ago.
I am wondering my likelihood in being successful with a N244 form
Customer: replied 7 months 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 7 months ago.

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

Customer: replied 7 months 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 7 months ago.

Ok.

Who caused the damage?

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

Customer: replied 7 months 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 7 months 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 7 months 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 7 months ago.
getting the claim set aside will be dependent on the claimant?
Expert:  Jo C. replied 7 months ago.

No, not at all.

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

Customer: replied 7 months 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 7 months ago.

well, do you need to avoid the CCJ?

Customer: replied 7 months ago.
Absolutely, I only work part time and can't afford to pay the claimant
Expert:  Jo C. replied 7 months 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 7 months 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 7 months ago.

From whom was it loaned?

Customer: replied 7 months 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 7 months ago.

Did the guarantor suffer any loss?

Customer: replied 7 months ago.
None at all.
Expert:  Jo C. replied 7 months ago.

Does he accept that?

Customer: replied 7 months ago.
In the claim he wasn't claiming money on behalf of himself
Customer: replied 7 months ago.
I suppose he does
Expert:  Jo C. replied 7 months ago.

What was the basis of his claim?

Customer: replied 7 months 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 7 months 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., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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Customer: replied 7 months ago.
This was my concern, hence why I would have appealed if I'd have got the letter.

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