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Guarantor refuses to accept he signed docs and doesnt want to pay

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Author Topic: Guarantor refuses to accept he signed docs and doesnt want to pay  (Read 86 times)
Newbie
Posts: 3

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« on: November 19, 2019, 02:39:16 PM »

I have a guarantor that refused to accept he was the guarantor, then disputed he signed the document, (didn't ask for a signature, I have another doc with his signature on it)
Still trying to negotiate, he owes about 14k including legal fees etc. final offer was 4k non negotiable.

Should I push with legal action?

There are a few further complications, I paid 3250 to get the tenant out for deposit on a new place and first months rent. (it was the only option to avoid house sale fall through and lose the house and 100k equity)
I wanted to claim 1550 back of this from the deposit but the estate agents messed that up so I didn't.
Full Member
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« Reply #1 on: November 19, 2019, 02:50:35 PM »

You need to evaluate firstly whether the document he signed is enforceable in the circumstances, and secondly whether he can afford to pay.  Unless you're confident that your position is akin to Gibraltar, personally my instinct would be to try to negotiate a higher figure with him rather than go to Court.

I know he says it's non-negotiable. This doesn't stop you making a counteroffer.
Newbie
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« Reply #2 on: November 19, 2019, 02:54:24 PM »

Thanks

Its with a large estate agent who has been contested many times before and always defended.
(but if they did something incorrect in the process as it was a fully managed service should they be liable? was another question I have been asked)

Yes he earns over 300k a year
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« Reply #3 on: November 19, 2019, 03:14:14 PM »

Are you saying that you have a Guarantor who was presented with a Guarantor Agreement (a Deed? Witnessed?) - and that they have the AST as well - but you have no signature on that?

How is that going to be enforceable? You have an unsigned Guarantor Agreement... like... you only have this person's honour to fall back on, don't you? Or am I missing a key part here?
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« Reply #4 on: November 19, 2019, 03:22:58 PM »

Worth reading https://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors if you haven't already.
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« Reply #5 on: November 19, 2019, 03:35:04 PM »

I am confused too.Are you saying he signed something else altogether,never actually signed as Guarantor? If this is the case,given that even the correct papers are generally considered worthless,I would snatch his hand off for the 4K offered.Even if the LA cocked up,I do not know of anyone-myself included-who has got any satisfaction from claiming from them.They are very crafty.
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« Reply #6 on: November 19, 2019, 04:00:43 PM »

It's coming over as worse than that... the title of this thread says that the Guarantor refuses to accept he signed the Guarantor Agreement / Deed... but the OP is also seeming to agree with that position... "then disputed he signed the document, (didn't ask for a signature"... I'm baffled.
Newbie
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« Reply #7 on: November 19, 2019, 05:05:21 PM »

Documents

Deed of guarantee
-between named landlord and names guarantor
- then guarantor name and address (this doesn't ask for a signature
- witnessed ad signed by his secretary

App Form

his full details, inc home work banks details as guarantor, this document is signed

Hope that clears it up.

Already spent over 2.5k in legal fees and been told 1200 for further legal advice
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« Reply #8 on: November 19, 2019, 05:28:28 PM »

Deed of guarantee
-between named landlord and names guarantor
- then guarantor name and address (this doesn't ask for a signature
- witnessed ad signed by his secretary

So the deed of guarantee, the central document that makes a guarantor a guarantor ... wasn't signed by the guarantor?

If so, take the four grand and walk away. The only winners if you pursue this will be the lawyers.
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« Reply #9 on: November 19, 2019, 07:54:32 PM »

Cripes, I think I agree. The document you wanted signed isn't signed... by design, it seems, but still... it needs to be signed by all parties to the agreement, and witnessed.

You've just had it witnessed... what? What was witnessed?
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