Am I off the hook if I have a guarantor for my loan? [LBC Legal Hour]

  Рет қаралды 17,132

Daniel Barnett, Barrister

Daniel Barnett, Barrister

Күн бұрын

Пікірлер: 75
@SainterX
@SainterX 2 жыл бұрын
Daniel I have no idea how you have so much patience. I get wound up listening to this.
@S.Trades
@S.Trades Жыл бұрын
"Your friend"! 😅 Daniel is no mug! There are probably dozens of people trying to get through to speak to him.
@Nightstalker321
@Nightstalker321 2 жыл бұрын
Jarvid, pay your loan back!
@markduffy6776
@markduffy6776 2 жыл бұрын
"My Friend"
@KeithApp
@KeithApp Жыл бұрын
With friends like him, who needs enemies!
@frankiewilde7791
@frankiewilde7791 2 жыл бұрын
I bet he's the one who took out the loan.
@mohammedshah8128
@mohammedshah8128 2 жыл бұрын
Either that or he has got his unsuspecting wife to take a loan, guaranteed by one of her family members. He has eaten the loan, and is now looking to get one of his In Laws to sponsor his largesse. At 10k, the loan was probably spent on a “really good” night out.
@nopy99
@nopy99 2 жыл бұрын
Yep, I think he was owed some money by the guarantor and this scheme was cooked up but the guarantor has now absconded after selling his property so "his freind " is stuck with repaying the loan.
@Professional_Youtube_Commenter
@Professional_Youtube_Commenter 2 жыл бұрын
caller took out a loan and had a guarantor cover it, caller wants to know if they're off the hook and rub their hands clean of the debt. It's always the case whenever someone goes out of their way to ask for advice "for a friend" like this. The only person this ultimately affects is the guarantor here and the guarantor would recognise the guys voice and should start shitting bricks. What a c**t.
@lukeluke7082
@lukeluke7082 2 жыл бұрын
Cynical to the max! Could be true I’m not sure I don’t like to assume based on prior experiences. It isn’t wise to do so
@maxthrust88888
@maxthrust88888 Жыл бұрын
spot on, the caller is the "friend".
@KeithApp
@KeithApp Жыл бұрын
With "friends" like Javid, who needs enemies? This is one of the many reasons I would NEVER be a guarantor for someone.
@chillired5389
@chillired5389 Жыл бұрын
Never ‘lend’ money either if you expect it to be paid back
@jons9721
@jons9721 Жыл бұрын
A 'guarantor' is basically in practice lending their money to the person they are guaranteeing. It would be a lot more honest for the guarantor to say to the person who needs the money, I will lend you the money and you will pay me back. If they aren't prepared to do that then they shouldn't be guaranteeing it
@S.Trades
@S.Trades Жыл бұрын
Very wise!
@fireburn95rs
@fireburn95rs 29 күн бұрын
well guarantor is about trust, only because guarantor for someone you trust and would be willing to fork cash out for (close family, trusted family and friends)
@stephenwhiddett
@stephenwhiddett 2 жыл бұрын
What he was actually asking was: my friend took out a loan and had a guarantor put up their house as collateral. The guarantor sold said house, so now, can my friend get off without themselves or the guarantor having to pay the debt...
@MrHighRaw
@MrHighRaw 23 күн бұрын
Wouldn't that be fraud? Not the selling of the house but to intentionally attempt to use the selling of the house and defaulting to avoid making payments.
@probablynotmyname8521
@probablynotmyname8521 2 жыл бұрын
The point here is that the guarantor is security for the loan company not the person who took out the loan. As daniel said it gives the loan company rights to pursue someone else for payment, but its up to them to decide who they chase.
@Jester-Riddle
@Jester-Riddle 2 жыл бұрын
Sounded like the Guarantor had sold an asset to avoid paying up on the guarantee as well, so it was trying to get out of paying the loan altogether between them all ... (?). Seemed to be some attempt to dodge the debt by blaming the Creditor !
@EM-KeepingtheFaith
@EM-KeepingtheFaith Жыл бұрын
Never, NEVER be someone's guarantor. I've been asked before (BIG time emotional pressure) and jusg wouldn't. Nope, never
@garethmiles9984
@garethmiles9984 2 жыл бұрын
O m g . I can't believe I watched this to the end.
@roberthughes9856
@roberthughes9856 2 жыл бұрын
The finance company can pursue the debtor and get whatever they can from them and for anything outstanding the company then goes after the guarantor. If the debtor is not able to pay anything then the company may have them declared bankrupt and will want full payment from the guarantor who themselves may no longer be able to pay and then would end up with CCJs or even driven to bankruptcy.
@pizzaboy4463
@pizzaboy4463 2 жыл бұрын
And the debtor could sue the borrower i would imagine.
@liveroom4235
@liveroom4235 2 жыл бұрын
@@pizzaboy4463 if the bank can't get anything out of them what chance would the guarantor have. They'd more than likely end up writing it's off, hence never act as a guarantor.
@iaindw1
@iaindw1 2 жыл бұрын
get callers that can make sense on the radio
@Cornz38
@Cornz38 2 жыл бұрын
The moment he opened his mouth, i knew what was coming.
@JamesPhillipsOfficial
@JamesPhillipsOfficial 2 жыл бұрын
Once the loan is paid out, the person recieving it has to pay it back, over time.. The guarantor is not your fallguy to be suckered by the debt. It's not smart to take huge debts upfront if you can't pay, if you lose your job you have to get another 1 to pay. Poor people will have to work with smaller debts that can be managed properly.. If taking 10k loan out, that would work if your job was 20k, 30k a year. If you dont work, dont own a company/dont do anything poor/no assets, you have to go back to work, as simple as that, there is no such thing as "free money"
@tylerblues2246
@tylerblues2246 2 жыл бұрын
Other than the caller, I can admit I took a loan out with said company ( amigo) Wasn’t my finest hour I can admit and put pressure on the guarantor, not by forcing them to accept but by them accepting I would pay back what I borrowed. I have always paid back the money that was owed. But during lockdown when I was furloughed I couldn’t make any payments. Amigo then offered a repayment plan, in which I accepted ( so the guarantor wouldn’t reap the consequences) So I owed 3000, before lockdown. Now I owe 9000 due to apr rates that went up. Shocking. Plus amigo treat the loan like a subscription fee like Netflix or any other subscription and take 150 - 200 pounds out of your bank on a Sunday when the office is closed. If also had a call stating if o don’t pay 92 pounds that the guarantor will have to pay even though my account is up to date amd payments are made each week. This firm has to be stopped lending people money. A proper sham of a company.
@richardhands904
@richardhands904 2 жыл бұрын
If you did a financial difficulties arrangement (less than the cmp) they should have frozen interest.
@kevinshanahan6064
@kevinshanahan6064 Ай бұрын
Never be a guarantor unless from the outset you are prepared for the possibility you will be shafted. Some people mercifully not large numbers who think because they are a bit light on funds they don’t have to pay. Half an hour later they are buying something online as retail therapy.
@londontrada
@londontrada 4 күн бұрын
Why anyone would guarantor anything other than to maybe help your children out is beyond me. I cant think of any other situation where I would even consider it.
@SteazySnowSports
@SteazySnowSports 17 күн бұрын
It infuriates me when people can’t string together a basic question.
@cnocspeireag
@cnocspeireag 24 күн бұрын
This is a warning to anyone asked to guarantee a loan. If you are not willing to give the entire sum to the person asking you, you really have to say no.
@cyruslad5462
@cyruslad5462 2 жыл бұрын
I thought he was asking if his friend could get out of being held liable not necessarily can they force the creditor to pursue the guarantor.
@Jester-Riddle
@Jester-Riddle 2 жыл бұрын
That question was answered ... She was the primary debtor and the creditor would seek any net losses from the Guarantor. However, she couldn't just dump responsibility onto the Guarantor and 'run away' from the debt ... which sounds like what she was trying to achieve, The Guarantor is only a backup for her failure to be able to pay at the creditors choice ...
@cyruslad5462
@cyruslad5462 2 жыл бұрын
@@Jester-Riddle yes I get that but I felt he was asking if his friend was liable since they'd failed to collect from the guarantor, almost like a guarantor offered some sort of protection from the principle debtor and once failure to collect from said guarantor was established they had no further recourse. I don't think the question came from the malicious place suggested.
@coderider3022
@coderider3022 Жыл бұрын
Get judgments on them both I think here is what they do I think.
@karaloca
@karaloca 2 жыл бұрын
Some people make me sick.
@fluxington
@fluxington Жыл бұрын
Food poisoning or a virus?
@youknow6968
@youknow6968 2 жыл бұрын
The friend is him himself, and the the one on the hook is his friend, what a rotter lol
@dhvsheabdh
@dhvsheabdh Жыл бұрын
Why do people call this show without knowing how to phrase their situation?
@jamm8284
@jamm8284 2 жыл бұрын
She will be responsible for the debts for 6 years then after that she would have defaulted and impacted her credit score, then the creditor will persue the guarantor for a further 6 years, its only mortgages that can recover debts older than 6 years and that havent been paid or responded to, but the guarantor usually backs the loan with an ownership of property and promise to pay through the equity in that property. Do after all that all you get is a crap credit score and someone getting their house repossessed. Fyi this in not legal advice.
@businessman7336
@businessman7336 24 күн бұрын
This show should be called “foreign people call in after doing ridiculous things that they’re totally at fault for”.
@nopy99
@nopy99 2 жыл бұрын
If she doesn't pay and the company recover the debt from the guarantor , won't the guarantor just sue her anyway for the money? She took the loan, she is responsible.
@loc4725
@loc4725 2 жыл бұрын
Chances are the lender will force bankruptcy on the debtor first before coming after you. And as the guarantor you'll then quickly discover you can't get blood out of a (bankrupt) stone.
@FattyOn2Wheels
@FattyOn2Wheels Жыл бұрын
Javid needs to just ask the question
@ianlewis6261
@ianlewis6261 21 күн бұрын
Incredable he asked
@moo4061
@moo4061 2 жыл бұрын
The caller is most likely the debtor who doesn’t want to repay the loan they took out and want to pass it on to the guarantor. Not a nice person at all. What an ingrate!
@Shadowknightneo
@Shadowknightneo 24 күн бұрын
In other news, water has been discovered to be wet.....
@Pureblood002
@Pureblood002 21 күн бұрын
I reckon it's HIS loan
@stevereed5046
@stevereed5046 Ай бұрын
What a nasty person obviously someone guaranteed the loan for his friend now she can’t afford it. They want to dump it and the kind person who guaranteed it in the first place is that fair? I don’t think so. 4:24
@danielharrington8691
@danielharrington8691 23 күн бұрын
These callers are infuriating. GET TO THE POINT!
@footlong4769
@footlong4769 2 жыл бұрын
I understand his question. What's the point of a guarantor if you can't pay?
@hellalive8973
@hellalive8973 2 жыл бұрын
Of course that is the purpose of a guarantor however if someone agrees to stake their hard earned credit rating and money on a friend/family member without such a track record the decent thing to do is to honour that debt and do all you can to safeguard said guarantor. He talked about the finance company asking her to fill out expenditure forms and so on implying that she hasn’t done so and is indeed avoiding the loan repayment. The finance company is clearly trying to work with her. If she is on benefits she can pay a nominal amount until such time as she is in a position to pay more. His question showed them both to be dishonest, ungrateful deplorable human beings who are abusing the trust of some unlucky guy.
@patthewoodboy
@patthewoodboy 2 жыл бұрын
@@hellalive8973 agree.
@Jester-Riddle
@Jester-Riddle 2 жыл бұрын
The point is to make sure that the debt gets paid back to the Creditor, but does not relieve the creditor's liability until the debt is paid in full. The Guarantor is not an excuse for the Debtor to deny liability for the debt, but is an additional person who is liable ...
@gavinbissell8847
@gavinbissell8847 2 ай бұрын
Alot of these people hope to commit fraud
@ashleybryant305
@ashleybryant305 Жыл бұрын
Asking for a friend... 😂
@stebob1995
@stebob1995 2 жыл бұрын
what is this guy chatting hahahaha
@SainterX
@SainterX 2 жыл бұрын
I know is he all there?! Its hard to understand what he is saying. Its rambling.
@jadehadfield7626
@jadehadfield7626 2 жыл бұрын
he explained it clearly listen properly
@jfr1995
@jfr1995 Ай бұрын
He did everything BUT explain it clearly. The guy was a waffling mess.
@HaloMadness007
@HaloMadness007 8 ай бұрын
savage
@Paul-fq9pj
@Paul-fq9pj Жыл бұрын
Free advice much 😑
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