Trying to claim money from guarantor but legal fees outweighing the debt?
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.
Dave
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Member Since May 2015 - Comments: 9
2:44 PM, 8th June 2015, About 11 years ago
Reply to the comment left by “Emerald Legal” at “28/05/2015 – 14:25“:
Good afternoon I want to pick up on the offer you made 2 weeks ago do you have a number so I can call you please? or my number is 01702202036
Comments: 98
3:17 PM, 8th June 2015, About 11 years ago
I would have taken this case on for a fixed fee of £350.00 plus court fees
Member Since July 2013 - Comments: 197
2:20 PM, 15th June 2015, About 11 years ago
I used ‘My money on line’ . Presented the facts i.e the reason for pursueing the gaurantor and the amount being claimed. I Prepared all the documents, copies of SHT containing gaurantor aggreement etc that might be needed. Submitted the claim on line and waited. The court sent claim to Debtor who did not respond or defend the action. Judgement was given by default so no court apperance required. The CCJ was now in place. Cost £105.00
I then conacted the sheriffs office and upgraded to HCEO, at a cost of £60, to attempt to get payment. This is an ongoing process which is costly to the debtor as all fees and interest are recovered from the debtor. Still not sure if/when I might receive any money. However the point is, defaulters tenants or guarantors, sh ould not be allowed to getaway with not paying the landlord rent – its theft after all !
Member Since March 2014 - Comments: 143 - Articles: 129
2:16 PM, 23rd June 2015, About 11 years ago
When it comes to the enforcement please feel free to drop me a message.
I am happy to undertake some free checks for any Property 118 member.
My team enforce anywhere within England & Wales and we are a main sponsor of Property 118.
Kind regards, David
Member Since May 2015 - Comments: 9
2:29 PM, 23rd June 2015, About 11 years ago
Thanks we are aware of your company from your dealing on our behalf via a letting agency. Re this case lets see how the guarantor reacts to the legal paperwork being issued in the next week or so. I might be back to you!
Member Since March 2014 - Comments: 143 - Articles: 129
2:31 PM, 23rd June 2015, About 11 years ago
No problem, I wish you the best of luck and hope you don’t need us!