Guarantor problems!

Guarantor problems!

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Discussion

PeXy

Original Poster:

2,154 posts

172 months

Tuesday 2nd May 2017
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Not sure if this is the right place for this, but here goes. My partner was a guarantor for her previous boyfriend 6 years ago (stupid I know) then out of the blue we have had phone calls and letters from the finance company demanding she pays (as he can't) or she will have to go to court and be blacklisted. Is there anyway of going after her ex-boyfriend for the money if we pay it?

Anyone had any experience like this?

Jim

WolfAir

456 posts

136 months

Tuesday 2nd May 2017
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As far as I aware, the guarantor for a loan is responsible for said loan. I think paying it off then going for the ex boyfriend is a judge Rinder type job, although I am not a solicitor so I am just shooting blind.
That said, I am guarantor on an Amigo loan for a friend, who is currently paying it off, if he decides, one day, he doesn't want to pay it, then I have a decision to make on how important the ability to get credit is for me. A risk I took, unfortunately. We're Asian though so if he decides not to pay, I just tell his dad who will probably kill him, so I'm not too worried biggrin.
It comes down to how much you value your credit score.

Hainey

4,381 posts

201 months

Tuesday 2nd May 2017
quotequote all
WolfAir said:
As far as I aware, the guarantor for a loan is responsible for said loan. I think paying it off then going for the ex boyfriend is a judge Rinder type job, although I am not a solicitor so I am just shooting blind.
That said, I am guarantor on an Amigo loan for a friend, who is currently paying it off, if he decides, one day, he doesn't want to pay it, then I have a decision to make on how important the ability to get credit is for me. A risk I took, unfortunately. We're Asian though so if he decides not to pay, I just tell his dad who will probably kill him, so I'm not too worried biggrin.
It comes down to how much you value your credit score.
Serious question but what flavour of asian? I have mates who are Indian and Sri Lankan and all that stuff is done in house if you get me!

WolfAir

456 posts

136 months

Tuesday 2nd May 2017
quotequote all
Hainey said:
Serious question but what flavour of asian? I have mates who are Indian and Sri Lankan and all that stuff is done in house if you get me!
Pakistani biggrin.
And technically you are correct, any money required is all done in house. This, though, was emergency funds, his younger brother was getting married and as the older brother he's expected to kick in some money, he couldn't because he'd spent his savings on a full service, new suspension and (after blowing his engine up at a previous family wedding) new engine and miltek exhausts for his RS4 and couldn't tell his father he had no money because, well his father thinks its a £3000 car, not £18000.
LOL it always cracks me up when I think about how he keeps digging himself into this hole, yet would never contemplate selling the RS.
Beautiful car though

p4cks

6,930 posts

200 months

Tuesday 2nd May 2017
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There's also no such thing as a financial 'blacklist' so this is just scaremongering tactics.

As guarantor she's equally liable for the debt though, so little chance of getting out of it.

One question though - what's the length of the loan? I'm surprised she's heard anything after 5 years

Hainey

4,381 posts

201 months

Tuesday 2nd May 2017
quotequote all
WolfAir said:
Hainey said:
Serious question but what flavour of asian? I have mates who are Indian and Sri Lankan and all that stuff is done in house if you get me!
Pakistani biggrin.
And technically you are correct, any money required is all done in house. This, though, was emergency funds, his younger brother was getting married and as the older brother he's expected to kick in some money, he couldn't because he'd spent his savings on a full service, new suspension and (after blowing his engine up at a previous family wedding) new engine and miltek exhausts for his RS4 and couldn't tell his father he had no money because, well his father thinks its a £3000 car, not £18000.
LOL it always cracks me up when I think about how he keeps digging himself into this hole, yet would never contemplate selling the RS.
Beautiful car though
Thanks mate, makes sense now. Same scene, just different flavour thumbup

Saleen836

11,135 posts

210 months

Tuesday 2nd May 2017
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Has your partner been contacted regarding this before now or first contact?
Who has contacted her..is it the original company or a debt collection agency?

PurpleMoonlight

22,362 posts

158 months

Wednesday 3rd May 2017
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When was the original default of the loan?

If this was over 6 years ago the debt is stature bared providing she has not admitted liability within the 6 years.

Dixy

2,931 posts

206 months

Wednesday 3rd May 2017
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What type of loan was it, if it was an overdraft does Claytons case still apply.