Trying to claim money from guarantor but legal fees outweighing the debt?

Trying to claim money from guarantor but legal fees outweighing the debt?

11:18 AM, 28th May 2015, About 6 years ago 36

Text Size

We have an issue where a tenant has been evicted from a property we are now owed back rent of £2900 and damage caused by the tenant another couple of thousand then there’s legal costs getting the eviction etc etc. So for arguments sake lets say £5000.

We have now re let the property. There is a guarantor the grandmother who has a job and their own house. I now want to issue proceedings to either get my money back or have second charge on her existing property or attachment to earnings etc etc.

The letting agent has gone beyond the call of duty helping so far but now have said that I need to either do all this myself or get a solicitor in to do all the paperwork. I do not mind issuing an online summons however our local court will look for the simplest excuse not to grant judgement ie something wrong on paperwork.

They will not help with paperwork and each time the court say I should contact a solicitor. I have tried that. 2 firms have said say they cannot pass their fees on to guarantor debt and the £5500 & £6000 they want to charge me I pay regardless of judgement. Has anyone out there got either template suggestions for the summons paperwork or a solicitor or expert that I do expect to be paid however not all my owed money plus more?

I would appreciate anybody’s help.

Davebarrister



Comments

by White Collar

10:04 AM, 29th May 2015, About 6 years ago

Reply to the comment left by "Graham Durkin" at "28/05/2015 - 12:23":

Thank you Graham.

by Graham Durkin

11:54 AM, 29th May 2015, About 6 years ago

Reply to the comment left by "White Collar" at "29/05/2015 - 10:04":

Your welcome, having read numerous different posts on various scenarios on this site ,its very clear that many Landlords/accidental landlords/tenants are placed in very stressful situations through a set of circumstances and really need a clear and unbiased professional appraisal of their situation sooner rather than later and you offered that .This then gives them the opportunity to move forward to recover their losses with the knowledge that you are helping and considering the figures quoted sitting/discussing with you for 5 x hours formulating a strategy /applying to the County Court this would be a good investment .I have used the County Courts personally four times now and find its changed virtually to no contact ,just centralized and applying online just doesn,t give the novice the confidence to know that everything is correctly done where your face to face/involvement will do that. many thanks

by

13:00 PM, 29th May 2015, About 6 years ago

Hi - I am a lawyer and specialise in insolvency /debt / finance and also property. I would be more than happy to assist

Reply to the comment left by " " at "28/05/2015 - 20:12":

Thank you for your consideration

by Paul A Brady

11:10 AM, 31st May 2015, About 6 years ago

Dave,

Have a look at http://www.moneyclaimonline.gov.uk ( HM Court Service ) - I've used this service a number of times very successfully over 12 years against both tenants and guarantors. It is all done online and the fees are quite reasonable.

On Thursday I was in court having an interim charging order upgraded to a full charging order - it took 3 minutes!

My costs so far are £105 for the initial claim and £100 for the charging order - both costs added to the guarantor's account.

I may have to instruct a solicitor to sort out the registering of the charging order though.

Good luck,

Paul

by matchmade

11:21 AM, 31st May 2015, About 6 years ago

Reply to the comment left by "Paul A Brady" at "31/05/2015 - 11:10":

The website is actually http://www.moneyclaim.gov.uk.

by Paul A Brady

11:43 AM, 31st May 2015, About 6 years ago

Reply to the comment left by "Tony Atkins" at "31/05/2015 - 11:21":

Thanks Tony. As usual I was in a hurry!

by

12:18 PM, 31st May 2015, About 6 years ago

HI - As a lawyer in cases like this I would do a fixed fee - you know the costs for the outset

by

12:21 PM, 31st May 2015, About 6 years ago

Hi - in case like this I would do a fixed fee as a lawyer - contact me if you need help.

by

12:22 PM, 31st May 2015, About 6 years ago

Hi - As a lawyer in a case like this I would do a fixed fee for my service


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER