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Ed Turner
Ed Turner,
Category: Law
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Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Sandile had first told me that he had been a guarantor for

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Sandile had first told me that he had been a guarantor for his friend’s Zeenat for two loans as she had needed the money to help her through a tough situation in 2019. Zeenat had further stated that she would handle all the payments However, as I write to you currently the loans have ballooned to a combined £14,000 I believe. PLEASE UNDERSTAND I DID NOT CREATE THIS PAGE TO ASK FOR ANY DONATIONS IN THIS SITAUTION. As someone who has lost a loved one to suicide due to debt, I want to resolve this in the best way possible even if I must be supportive to Zeenat as well. Please understand I too view £14,000 to be more than pocket change and are not looking for the account to be settled tomorrow, just payments to be made monthly.
Sandile has already been told by Zeenat on multiple occasions that she has made the payments only for the companies to inform Sandile that they have in fact NOT received any payment from her and have heard nothing from her as far back as October 2021. She has claimed to have settled two of the accounts, but no proof has been provided from her about these payments including bank transaction ID’s and the loan organisations have no records of this either. Now just to do quick maths, there are two loans UK credit and Amigo, she has claimed to have settled them both on two separate occasions. This means that she would’ve needed to make 4 separate transactions which have both flopped. 4 transactions done too the two accounts, 4 different times and all have failed.She continue to amuse us but sending us a fake bank statement stating that she had 300 000 pounds in it. The owner has reconfirmed that she will start making payments to our creditors as I'm the guarantor for these loans. However, I have no confidence in her making payments on the 1st of july. I need some advice as I was thinking of making the payments myself of maybe £750 worth which will not clear the accounts but does that mean I can take her to small court claims? as its generally a crappy situation im just being lied to and sent fake bank statements which annoyed me a bit. Can I send you examples of conversations that we’ve had between us to give you an idea.
The owner has reconfirmed that she will start making payments to our creditors as I'm the guarantor for these loans. However, I have no confidence in her making payments on the 1st of july. I need some advice as I was thinking of making the payments myself of maybe £750 worth which will not clear the accounts but does that mean I can take her to small court claims? as its generally a crappy situation im just being lied to and sent fake bank statements which annoyed me a bit. Can I send you examples of conversations that we’ve had between us to give you an idea.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no lawyer yet united kingdom
JA: What steps have you taken so far?
Customer: nothing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nopeCustomer: Chat is completed
Customer: replied 13 days ago.
File attached (6ML576M)

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Please confirm whether you are the debtor, the creditor or the guarantor?

How much are you seeking to recover from the other party?

Customer: replied 13 days ago.
basically I'm the guarantor, however the person who took the loan out has other priorities like going to fancy restaurants and flying out the country the loan people are now looking to me which by legal right. They are right, however the person who owes the money has a sister who also owes money and has received a CCJ.
Customer: replied 13 days ago.
I just want them to pay for the loans and stop prioritising me last

Have they actually defaulted on the loan repayments which means that you are being pursued by the creditor?

Customer: replied 12 days ago.
Hi Ed, so ukcredit (4600) has defaulted and is looking to take zeenat to court as she hasn't been paying anything toward the loan while amigo loans worth 10600 is looking to take us to court but have not specified a time limit with us. Im more interested at if its possible to take her to court for Forgery of certain documents with, intent to defraud or deceive? If that's not possible I'm open to suggestions...

There is a civil cause of action and a defence in the tort of deceit (fraud) but if you are the claimant you must demonstrate that the defendant's fraud has caused you loss.   If you are the defendant, you must demonstrate that the claimant's alleged loss are fraudulent.

Have you actually lost anything from this transaction?

Customer: replied 12 days ago.
piece of mind as when I was paying for her the loans back in 2019 - 2021, she paid me back the money. 7000 in total. However, when I got the money she showed me other payment transactions that showed that she had made the payments but as they were fake, and I had already spent half the money that she gave me. I could not even settle the UK credit one.
Customer: replied 12 days ago.
Furthermore there are stories of how she will settle the accounts each week but there is never any resolve
Customer: replied 12 days ago.
Ive not pushed her to settle the account just if she can to make payments and the fact that she stated that she bought a 2 million pound house shows that she is capable of making payments.

Unfortunately, I do not think that this is a matter where any law applies nor one that the courts can resolve.


In order for the civil law to step in and assist a claimant, they must have suffered some form of tangible loss, such as loss of business profits as a result of a breach of contract or infringement of intellectual property rights, damage to personal or business reputation (i.e., Defamation, Libel, Slander), wasted monies on purchasing a product or a service that was defective or never provided, personal injury or property damage.

I cannot see any contractual relationship or duty of care in tort between the parties in this matter, nor what damage, financial or otherwise, they may have lost.   Therefore, it is more of a personal dispute rather than a legal and commercial dispute.

I realise that it is frustrating that the debtor under the loan agreement for which you have provided your guarantee is “living the high life” rather than working to pay off the loan. However, unless she has breached the terms of the loan and the creditor is seeking repayment in full and is pursuing you under the guarantee, you have not suffered any loss and therefore have no claim in contract law to recover damages from the debtor.

I can only suggest that you maintain your personal persuasions to have the debtor settle the loan and release you from your guarantee as soon as possible.

I am sorry that I do not have better news for you, but I must be as honest as possible with you to advise in your best interests.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

I hope that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and start it with @EdTurner. I will be notified of your request and prioritise it.

Kind regards

LawyerEd

Customer: replied 11 days ago.
If I was to settle the loan with another loan that’s taken out in my name only, would I be able to claim in a small claims court for the entirety of the new loan plus the interest if I was to show the paperwork?How soon am I able to get a court date for small claims court settlements?What are the lawyer fees I would be looking at?What steps should I take before going to start court action, does the other party need to be informed?

That strategy is doomed to fail!

If you directly pay off the debtor's debt to the creditor in full, both the debtor's debt towards the creditor and the debtor's liability under your guarantee will be extinguished in full and the debtor will have no further liability towards you.

If you want to pay off the debtor's loan in full and have the debtor agree to repay you, you must obtain the debtor's express agreement to this course of action under a new loan agreement between you and the debtor.

Otherwise, you may purchase the debt from the creditor under a factoring agreement between you and the creditor entitling you to pursue the debtor directly.     However, this will depend on the agreement of the creditor which may not be forthcoming if the debtor is not in breach of the loan agreement and is keeping up repayments.

Ed Turner and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
He knows his stuff, great all-round solicitor
Customer: replied 11 days ago.
thanks for everything

Thank you for the positive feedback and rating.   :)