Re: Duped into guarantor, severe mental health issues

by Solosmurf Thu Jul 05, 2018 9:47 pm

I'll try and get it posted from my old iPad which I should get back tomorrow, i kept a photocopy but you can't see the ink stamp where the court stamp is supposed to be.
Apparently the ex who got the money is still at the address she used to get the loan, obviously confident she's gotten away with doing this.

by **daveiron** Fri Jul 06, 2018 7:11 am

You say they had taken payments from his bank account ,i presume this was via a direct debit.
See what others think ,I think it would be a good idea to do a claw back on them ,it was after all
taken in error.

by Solosmurf Thu Jul 12, 2018 11:40 pm

I've not been able to upload any documentation regarding this problem, but could email them with personal info redacted if that would help. (Say to Waylander or Assassin)

I have checked with them again and they have definitely not been to court. The paperwork from the County Court Money Collection Service does however seem to be legit. I am hoping to have her call on Monday to confirm either way.

Amigo Loans have been aware of his mental health issues since December and were offered proof in the form of medical records but have not as yet taken the offer on. Would it be of any use sending them a letter saying that although this was the case it is surprising that they decided to act in bad faith and continue to pursue the case? To date there is nothing in writing between his girlfriend and Amigo Loans, everything has been done over the phone.

I had drafted a letter, not posted as yet, which simply states that he had only recently been released from hospital, does not understand what a guarantor is and was in no state of mind to agree to anything, nor does he recall even being asked to do so. At least if they receive a reply they will have something in writing.

by Solosmurf Mon Jul 16, 2018 12:47 am

Hello, I think I've finally sorted out the posting problem. I've not been trying to gain direct access to anybody, it's just that I've a really bad memory after a fall, made worse by stress so I keep all my passwords on an old phone which I'd misplaced. I've now managed to track it down and log in again on the iPad.

I've had a look at doing the Notice of Rescission and made a few notes as to what to put into it and I've drafted a basic letter to the lender reminding them that they were notified of the mental health of the supposed guarantor, and offered medical records as proof if required. I was thinking that a letter stating something similar to the Collection Service informing them of the same might give some breathing space. I'd really appreciate any help because the girlfriend is beside herself and he's not doing too well at the moment either.

Hopefully the document will post below. Duped into guarantor, severe mental health issues - Page 2 Img_0610

Duped into guarantor, severe mental health issues - Page 2 Img_0610

by waylander62 Mon Jul 16, 2018 1:46 pm

That looks very much to me that they did issue a claim through the bulk centre as it has a claim number and a date of service on it !

this is worrying as you would have had to have acknowledged service by 4th July and then have submitted a defence of this claim by 18th July !!??

have you done either of those thing ?? if not then they will win by default !!
this appears to be an urgent matter now, you can check online using the details on the claim form urgent action is very much required and NOW !!

by Solosmurf Mon Jul 16, 2018 9:31 pm

They are away from home until tomorrow but I've asked them to come past as a matter of urgency and we'll call the court then.

by Solosmurf Tue Jul 17, 2018 4:08 pm

Just a quick update. We called the court who referred us to the County Court Money Claims Centre. Amigo has gone no further with their claim as yet so we have time to get his medical records to send in with his defence. Despite him being able to prove he was legally incompetent at the time it's apparently still up to the judge to decide whether or not he'll be held liable. Understandably this is having a negative effect on his mental health and he mentioned that he feels very insecure and unhappy and can't understand why this is happening. We have sent an email to the FCA outlining his situation and are awaiting their response.

by waylander62 Tue Jul 17, 2018 7:27 pm

I would still deny ever agreeing to be guarantor for this loan, amigo cannot go any further until the deadline which is the 18th july

they can then go for default judgment so be careful.

the defence needs submitting and quickly, it can be e mailed if necessary.

deny ever being guarantor, then explain that he could not possibly agree due to his mental health issues. use my previous posts but submit a defence.

by Solosmurf Thu Jul 19, 2018 12:54 am

Thanks again Waylander. We have notified the Court and the collection service that he is denying responsibility on grounds of mental incapacity. The collection centre have said he can have a few days to get more paperwork from the GP etc. He should hopefully have those by Friday at the latest and they'll be scanned in and emailed over.

by waylander62 Thu Jul 19, 2018 8:47 pm

Solosmurf wrote:Thanks again Waylander. We have notified the Court and the collection service that he is denying responsibility on grounds of mental incapacity. The collection centre have said he can have a few days to get more paperwork from the GP etc. He should hopefully have those by Friday at the latest and they'll be scanned in and emailed over.

good that will be great for defending the issue now, but he also needs GP evidence that he would never have been able to agree to being guarantor in the first place.

by **assassin** Sun Jul 22, 2018 3:00 am

Then hit them with a huge claim.

by **daveiron** Sun Jul 22, 2018 8:37 am

Not forgetting of course the bitch that got him in this mess in the first place.

by Solosmurf Fri Jul 27, 2018 12:45 pm

We now have the medical evidence and I'm scanning it onto emails to both the Court and the complaints department at Amigo Loans. We have also had a reply from the FCA who will obviously not get involved unless Amigo decide not to follow the rules. Once they've sorted this out they will be going after her.

by waylander62 Fri Jul 27, 2018 1:15 pm

the FCA will not get involved unless they decide Amigo did not to follow the rules !!??

what a cop out, FCA are worthless i would love to see the FCA letter.

by Solosmurf Sat Aug 11, 2018 7:17 pm

You are right Waylander, the FCA didn't get involved other than to provide the name of the Complaints Manger at Amigo as well as her personal email address. I emailed the defence pack to the court and a letter to Amigo complaints, giving the new girlfriends contact details for any responses. I saw her a few days ago and she hasn't heard anything from either of them as yet. I've said that if they need anymore help with it to let me know so now it's just a matter of wait and see.

by Solosmurf Mon Oct 22, 2018 12:06 pm

We have just been informed that this matter went to court without the man being present, they are claiming he did not respond to the initial paperwork. The decision is that he must pay and an extra £500 for court costs. The paperwork was definitely sent through, both by post and by email.

Again, the man is beside himself worrying that they are going to go after his house.

by Emoboy7 Thu Oct 25, 2018 12:06 am

Guys, in all honesty, before you decide to start medicating with various drugs, try to do some exercises for healthy brain — this, in its turn will save some of your money.

by waylander62 Thu Oct 25, 2018 12:20 pm

Solosmurf wrote:We have just been informed that this matter went to court without the man being present, they are claiming he did not respond to the initial paperwork. The decision is that he must pay and an extra £500 for court costs. The paperwork was definitely sent through, both by post and by email.

Again, the man is beside himself worrying that they are going to go after his house.

sounds very much to me that either they got a default judgment or that the court accepted the defence then set a hearing date which the defendant did not respond to or did not attend the hearing, whereby the claimant won the case ?

really dont have enough information to a go on ?

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