Need some advise for my little brother....
Discussion
Well the story goes like this...........
My brother went into rented accomodation with his fiance with fiances mother as guarantor (sp??) in the process my little brother took out a 10K loan to clear some of his debts and 5K of his fiances debts and to pay for some bits and bobs for the house.
They have recently split up and my brother moved back in with my mum. His ex is chasing him up for half the rent money and bills etc etc for the following 3 months. His response is "Why should i pay £300 odd quid when I'm left with a 10K debt I took out in my name and you promised to pay half the monthly bills with me but now you refuse."
His exes dad is starting to threaten him on the house phone, calling Alec (litte bro) all times in the day, chasing him up for the rent (if this carries on I will be getting involved however I loathe to do this as it may hinder my current job application to the RMC etc etc
). The ex has told the landlord she is only paying half and he should chase Alec for the other half.
I hope this makes sense and any advise for him would be much appreciated on the following points:
- Where does he stand on trying to recover half of the loan (if he can do this he will obviously pay half the rent, bills etc etc)
- Where does he stand on refusing to pay half the rent in these circumstances (he is not the registered tenant (his ex is) just a building occupier)
Any other help would be much appreciated especially from you guys in the know
Cheers in advance guys as its starting to wear thin with the phone calls all night, every night and with the dad threatening him is starting to get on my wick and i would have no issue to going to see him for a 'chat.'
My brother went into rented accomodation with his fiance with fiances mother as guarantor (sp??) in the process my little brother took out a 10K loan to clear some of his debts and 5K of his fiances debts and to pay for some bits and bobs for the house.
They have recently split up and my brother moved back in with my mum. His ex is chasing him up for half the rent money and bills etc etc for the following 3 months. His response is "Why should i pay £300 odd quid when I'm left with a 10K debt I took out in my name and you promised to pay half the monthly bills with me but now you refuse."
His exes dad is starting to threaten him on the house phone, calling Alec (litte bro) all times in the day, chasing him up for the rent (if this carries on I will be getting involved however I loathe to do this as it may hinder my current job application to the RMC etc etc
). The ex has told the landlord she is only paying half and he should chase Alec for the other half.I hope this makes sense and any advise for him would be much appreciated on the following points:
- Where does he stand on trying to recover half of the loan (if he can do this he will obviously pay half the rent, bills etc etc)
- Where does he stand on refusing to pay half the rent in these circumstances (he is not the registered tenant (his ex is) just a building occupier)
Any other help would be much appreciated especially from you guys in the know
Cheers in advance guys as its starting to wear thin with the phone calls all night, every night and with the dad threatening him is starting to get on my wick and i would have no issue to going to see him for a 'chat.'
If your brother's name is on the rental contract and the loan is only in his name then he's fooked!
Edit.. just seen his name is NOT on the contract. Legally the loan debt is all his and he owes nothing on the rent. But...morally and for peace of mind in getting the dad off his back that's another matter!
Edit.. just seen his name is NOT on the contract. Legally the loan debt is all his and he owes nothing on the rent. But...morally and for peace of mind in getting the dad off his back that's another matter!
Edited by anonymous-user on Monday 8th September 11:21
Stigmundfreud said:
1.) get down to solicitor for a restraining order on father/ex etc
2.) tell em to f
k off
3.) slap him for buying his fiances debt off her
4.) is she welsh?
1). He is seeking advice for citizens advise today about this2.) tell em to f
k off 3.) slap him for buying his fiances debt off her
4.) is she welsh?
2). Yeah I have told him to just ignoretheir calls and not to get involved in any confrontations.
3). Mate I have repeatedly mocked him for being so naive and to be honest I feel so sorry for him as he was smitten
4). Shes not Welsh but shes fat!!
Edited by speed_monkey on Monday 8th September 11:22
If he's not on the rental agreement then he isn't liable for the rent AIUI.
On the loan, I think sadly he's screwed, unless he got anything in writing about paying off her debts and her paying him back etc, which most people rarely do.
Why don't you call his ex's dad at all times, and ask for half the loan back? See if he finds that boring. Then order him lots of pizzas. And taxis. And Lil-let samples.
On the loan, I think sadly he's screwed, unless he got anything in writing about paying off her debts and her paying him back etc, which most people rarely do.
Why don't you call his ex's dad at all times, and ask for half the loan back? See if he finds that boring. Then order him lots of pizzas. And taxis. And Lil-let samples.
dan101smith said:
If he's not on the rental agreement then he isn't liable for the rent AIUI.
On the loan, I think sadly he's screwed, unless he got anything in writing about paying off her debts and her paying him back etc, which most people rarely do.
Why don't you call his ex's dad at all times, and ask for half the loan back? See if he finds that boring. Then order him lots of pizzas. And taxis. And Lil-let samples.
Well she says that she will enter into a formal agreement to pay half of the loan, is it possible to do this now??? Through maybe a solicitor???On the loan, I think sadly he's screwed, unless he got anything in writing about paying off her debts and her paying him back etc, which most people rarely do.
Why don't you call his ex's dad at all times, and ask for half the loan back? See if he finds that boring. Then order him lots of pizzas. And taxis. And Lil-let samples.
Its pretty much been said but im going to say it again...
If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of st.... but he should man-up and pay his dues.
Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of s
t.... but he should man-up and pay his dues.Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
He could pay his half of the rent minus what she owes for the loan, but thats not what I would do:
Legally he can tell her to get lost, and thats why her dad is playing the hard man because he knows thats the only way he will see any cash as the law will take no interest.
Thats what I would do because whilst he has left the ex up the creek with the rent, she has similarly left him up the creek with the 5k of debt in his name.
Report him to the police for harrassment, and if he persists go see a solicitor.
Put the debt down to experience and move on
Legally he can tell her to get lost, and thats why her dad is playing the hard man because he knows thats the only way he will see any cash as the law will take no interest.
Thats what I would do because whilst he has left the ex up the creek with the rent, she has similarly left him up the creek with the 5k of debt in his name.
Report him to the police for harrassment, and if he persists go see a solicitor.
Put the debt down to experience and move on
Couple of things:
If the Loan is just in his name then he is responsible for the payments. Did he get his GF to sign anything before he paid off her debt to say if they split she would pay him back?
As for the her mum being guarantor , well thats her problem, if a payment is defaulted by the terms of the agreement her mum is responsible for paying for both parties, thats the way it works.
Perhaps her mum should have read what she was signing.
It's never easy sorting things out when things break down and causes lots of heartache.
If the Loan is just in his name then he is responsible for the payments. Did he get his GF to sign anything before he paid off her debt to say if they split she would pay him back?
As for the her mum being guarantor , well thats her problem, if a payment is defaulted by the terms of the agreement her mum is responsible for paying for both parties, thats the way it works.
Perhaps her mum should have read what she was signing.
It's never easy sorting things out when things break down and causes lots of heartache.
Swilly said:
Its pretty much been said but im going to say it again...
If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of st.... but he should man-up and pay his dues.
Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
Yes the tenancy has been cancelled and they are liable for 3 months. He is more than willing to uphold his side of the agreement (paying the bills etc) if she does the same.If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of s
t.... but he should man-up and pay his dues.Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
dan101smith said:
Yes it is still possible to enter into an agreement on repayments. Getting a solicitor to draw something up is the most expensive but watertight way.
Right ok well i have a friend who is a solicitor so might get mates rates... I will give him a call tonight... thank youMike400 said:
He could pay his half of the rent minus what she owes for the loan, but thats not what I would do:
Legally he can tell her to get lost, and thats why her dad is playing the hard man because he knows thats the only way he will see any cash as the law will take no interest.
Thats what I would do because whilst he has left the ex up the creek with the rent, she has similarly left him up the creek with the 5k of debt in his name.
Report him to the police for harrassment, and if he persists go see a solicitor.
Put the debt down to experience and move on
Hmmm this would be the last resort I think, she "said" she will enter into an agreement, I will see how far this will go before getting heavy handed with the OB etcLegally he can tell her to get lost, and thats why her dad is playing the hard man because he knows thats the only way he will see any cash as the law will take no interest.
Thats what I would do because whilst he has left the ex up the creek with the rent, she has similarly left him up the creek with the 5k of debt in his name.
Report him to the police for harrassment, and if he persists go see a solicitor.
Put the debt down to experience and move on
speed_monkey said:
Swilly said:
Its pretty much been said but im going to say it again...
If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of st.... but he should man-up and pay his dues.
Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
Yes the tenancy has been cancelled and they are liable for 3 months. He is more than willing to uphold his side of the agreement (paying the bills etc) if she does the same.If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of s
t.... but he should man-up and pay his dues.Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
Who is named on the bill?
If again it is just your bro, then he should pay up because the last thing he needs is defaults listed against him.
Lessons to be learned here.
Dont mix love and money !!
mitzy said:
Couple of things:
If the Loan is just in his name then he is responsible for the payments. Did he get his GF to sign anything before he paid off her debt to say if they split she would pay him back?
As for the her mum being guarantor , well thats her problem, if a payment is defaulted by the terms of the agreement her mum is responsible for paying for both parties, thats the way it works.
Perhaps her mum should have read what she was signing.
It's never easy sorting things out when things break down and causes lots of heartache.
nothing was signed it was a case of "dont worry i love you..... you know i will etc etc"If the Loan is just in his name then he is responsible for the payments. Did he get his GF to sign anything before he paid off her debt to say if they split she would pay him back?
As for the her mum being guarantor , well thats her problem, if a payment is defaulted by the terms of the agreement her mum is responsible for paying for both parties, thats the way it works.
Perhaps her mum should have read what she was signing.
It's never easy sorting things out when things break down and causes lots of heartache.
Yeah hes taking the notion is shes going to be a b
h he may as well leave them high and dryYeah I suffered the same when I left a long term partner about a year ago.... fortunately I had the hindsight to entere into formal agreements and we split up and we remain friends
Swilly said:
speed_monkey said:
Swilly said:
Its pretty much been said but im going to say it again...
If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of st.... but he should man-up and pay his dues.
Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
Yes the tenancy has been cancelled and they are liable for 3 months. He is more than willing to uphold his side of the agreement (paying the bills etc) if she does the same.If your bro's name is on the rental agreement, he is liable to pay.
If the loan agreement is in his name, he is liable for it.
Was there ever an agreement with the fiance to pay back the £5k ?
If not, your bro has put himself into a big pile of s
t.... but he should man-up and pay his dues.Has he given notice to the landlord of quitting the property ? He should do otherwise his liability for rent will run until.... well on and on !!
Who is named on the bill?
If again it is just your bro, then he should pay up because the last thing he needs is defaults listed against him.
Lessons to be learned here.
Dont mix love and money !!
There see to be two separate issues - the rent and the loan.
He agreed that he would pay half the rent and is being chased for it.....I guess his name is on the rental contract etc - this seems entirely fair and correct.
He took out a loan and gave 5k to his gf - unless there was some paperwork drawn up at the time (which sounds unlikely) then he could have problems proving that this was anything other than a very generous gift on his part.
It sounds as if he is trying to offset the two so he owes nothing, but the father may not know about the 5k 'loan' to his daughter - set everything out in a letter (with as much evidence as you can get) and make some reasonable offer for a repayment plan or settlement - he may have to take a loss in order to make this go away.
If it can't be settled then it could turn out to be a very expensive lesson for your brother.
Hope it gets sorted.
Alex
He agreed that he would pay half the rent and is being chased for it.....I guess his name is on the rental contract etc - this seems entirely fair and correct.
He took out a loan and gave 5k to his gf - unless there was some paperwork drawn up at the time (which sounds unlikely) then he could have problems proving that this was anything other than a very generous gift on his part.
It sounds as if he is trying to offset the two so he owes nothing, but the father may not know about the 5k 'loan' to his daughter - set everything out in a letter (with as much evidence as you can get) and make some reasonable offer for a repayment plan or settlement - he may have to take a loss in order to make this go away.
If it can't be settled then it could turn out to be a very expensive lesson for your brother.
Hope it gets sorted.
Alex
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