Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 2 days ago

Advice? Gurantor?

 So I was wrongfully put down as a Gurantor as my mums address when I was 20 years old. I was still a student at the time on a very low salary of £16,000 a year? The rent was 1,600 a month? Surely this wouldn’t have been accepted. Neither did I sign a Gurantor agreement. My mum is now in debt and the landlord has given myself and mum a ccj , I currently disputing this but I’m confused as to why I was put down in the first place as I wouldn’t have even met the financial threshold . Advice? No credit checks were made either when my mum took out tenancy nor is there any legal documentation 

Updated 8 hours ago:

I lived there for 1 month. I was not put as a tenant. I signed a application form as tentant but my mum has proof of just her on the tenancy . So I assumed he’s put me as a Gurantor but I never signed or agreed to it. I am currently awaiting a hearing to dispute ccj. I only found out about it in July as my mum didn’t give me any details on paper work / court. 

Updated 8 hours ago:

Please bear in mind she’s lived there for 3 years and I have been living by myself in a different property for 3 years

Updated 8 hours ago:

The application was not a tenancy agreement , so I pulled out and moved out , and never signed  so I’m very confused why I am being contacted 

11 Answers

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  • garry
    Lv 5
    12 hours ago

    yes whats the problem , you guaranteed a loan and cant afford to pay it plus a new loan , cant see a problem , you signed .

  • Anonymous
    18 hours ago

    I have no idea..................

  • 18 hours ago

    There are exactly 3 possibilities.

    1. YOU signed a document guaranteeing the lease, in which case you are liable and the word 'wrongfully' is DEAD WRONG.

    2. Your signature was FORGED, and when you prove that, you are not liable at all.

    3. You are FLAT OUT LYING. This is BY FAR the most likely.

    Note: If your income was not sufficient to be approved, that is PROOF of option 3 so that argument is self defeating.

  • 1 day ago

    Since your signature does not appear on any housing documents, you personally agreed to NOTHING that can legally be held against you in housing court for back rent. 

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  • 2 days ago

    You are a guarantor because you were an adult and were also likely on the lease, which makes you equally responsible as your mother to pay the rent.  You don't have to qualify financially when you are living with your mother.  Adult children are automatically added to the lease.  You and/or your mother should pay off the ccj.  The sooner the better, before a whole lot of interest is added to it.

  • 2 days ago

    UK answer:  asking the same question multiple times in the hope that you will get an answer you like is as pointless as banging your head against a wall.  You were not 'put down as guarantor'.   How do I know?  A guarantor is someone who lives elsewhere, is over 21 and earns enough to pay the entire rent alone on top of their own living costs.  There is a document to sign and a credit check.  I recently did one of these.

    Instead you were listed as a co-tenant.  That may have been a verbal notification by your mother which is still legal under UK law.  In fact your mother was required to add you to the tenancy at the age of 18 if you were living there.

    If you were not living there at the time of the lease violation, all you have to do to get your name removed from the CCJ is to prove your actual address at the time and your legally required voter registration at that other address.  Your council tax exemption certificate would be good too.  Take the evidence to the court that issued the CCJ and get it set aside.  Stop wasting your time posting on here.

    If in fact you were living there, you owe the money jointly and severally with your mother.  Beware the US answers.  Under UK law a verbal tenancy agreement is legally binding.

  • 2 days ago

    If you didn't sign anything, you're not liable for anything. 

    If you DID sign to be guarantor, at 20 you're an adult and the consequences would be your own. 

  • 2 days ago

    If you did not sign anything, then you cannot be held to anything.  No signature = no contract. 

  • 2 days ago

    may be she had you listed as living there and put you as a cosigned tenant on the lease.  and yes, some landlord will have you sign a lease as a guarantor without running a credit check.  and won't care that you are under 21.

    how long ago was it?  is it possible you forget you signed something.  likely your COMBINED income qualified.  Have you seen the signature?  can you prove its not yours?

    were you notified of a court hearing you didn't attend?  I'm guessing you didn't know anything about it...and if you really didn't sign as the guarantor, you can argue that judgement was invalid as you would have never guessed a landlord could be coming after you.

  • Maxi
    Lv 7
    2 days ago

    As it seems you didn't go to court and fight this what you claim to be an  'unsigned' Guarantor and the court awarded the landlord the win based on you/your mother not bothering to turn up and likely didn't even hear the full case as you/your mother was not there....the court 'gave you' a CCJ not the landlord, a CCJ means County Court Judgement

    If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) . This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

    To get a judgment set aside, fill in the application notice (N244) and send it to the court.You may have to pay a court fee of £255.You’ll have to go to a private hearing at the court to explain why you do not owe the money.

    https://www.gov.uk/government/publications/form-n2...

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