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A friend took out a loan with Amigo and I am guarantor. She…

A friend took out...

A friend took out a loan with Amigo and I am guarantor. She went through financial difficulties but has managed to sort out her finance with the help of the IVA, so the IVA now pays her loan. Amigo is now taking me to court to get back the loan - what can I do?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

London

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

I have received a court summons for June 2018, but I am leaving the UK on Monday 19th March and will not be returning to the UK until February 2019. I would like to know why are they taking me to court when they are already getting the funds for the loan?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all.

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Answered in 4 minutes by:
3/13/2018
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,491
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

How much is outstanding?

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Customer reply replied 4 months ago
I am not 100% sure but about £7000
Customer reply replied 4 months ago
I am at work in an open-plan office so I cannot talk on the phone.

Ok - it is bad news I am afraid.

You are liable for the shortfall from the IVA.

This is because you have signed as the guarantor. You have no defence to the claim.

If you have no assets in the UK then you might as well not bother doing anything.

If you do have assets in the UK and the matter is listed in Court, you need to apply to adjourn and apply to give evidence of when you are away.

You can also attend Court hearing by Skype.

But in law you are liable for the loan. But they can not claim twice. The IVA will write off some of the loan - that part you are liable for

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

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Customer reply replied 4 months ago
Thanks for the information, I will find out what the shortfall is and pay what I can. It looks like I have made a very expensive mistake! Thanks again

I am sorry but that is the risk when you act as guarantor......

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,491
Experience: Solicitor
Verified
Jamie-Law and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
No Thank you.Yes I agree - a 5-star rating is definite.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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