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What If A Guarantor Breaches The Loan Agreement?
  • admin
  • January 31, 2023

What If A Guarantor Breaches The Loan Agreement?

Guarantors are generally called in by lenders when the loan amount is high, and they wish to eliminate the risk associated with it. In this case, the borrower either lacks a stable income, credit score, and assets to pledge to qualify for a high loan amount.

The guarantor helps the borrower qualify by agreeing to make payments if the borrower cannot do so. They are legally obligated to keep up payments until they complete payments.

The need for a third person is common in urgent loans for bad credit in Ireland. There has to be some security to grant reliability to the loan agreement and terms. The guarantor acts as a security over the loan.

How Does a Guarantor help in bad credit loans?

A guarantor is none other than a close acquaintance or a family member of the borrower. One resort to a guarantor for the following reasons:

  • To qualify for a loan on a low credit score
  • To be eligible for better interest rates at a low credit score
  • To reduce the total loan amount
  • To fetch a higher loan amount for comfortable repayment terms
  • To qualify without pledging collateral

1.  Who CAN NOT be a Guarantor?

You are familiar with who can be a guarantor on loan. Now, here is who cannot qualify as a guarantor on bad credit loans.

  • He/ She is your partner (Wife or Husband)
  • Shares a financial account or joint account with you
  • Is over 75 years of age as a UK citizen
  • Do not share citizenship of the UK
  • Lack of a stable and authentic income source
  • Have a poor credit history or no credit history at all
  • Have undergone a bankruptcy, the credit report still reveals the same
  • Have too many CCJs or missed payments in the credit report

2.  What should a borrower check before calling in a guarantor?

Apart from a guarantor, a borrower too must be conscious while choosing a guarantor on loan.  Here is what you must consider:

  • What is his income capacity?
  • Are his/her financial habits healthy?
  • What does he spend the most on?
  • How deep is your bond with the very person?
  • Can you trust him with finances?
  • Do you see him as a long-term person or a keeper?
  • Is he responsible for managing payments or liabilities?

Having long-term and cordial relations with a guarantor is necessary for the borrower. Work towards easing up things by being genuine with him and vice versa. He, too, must be equal in ensuring transparency in financial matters that involve you.

3.  What Happens if a guarantor cannot pay the remaining amount?

If the situation of the guarantor changes quickly after a few months of the agreement, he must inform the lender of the same. We may help revise the loan terms and conditions per the existing financials and credit history. The situation may change anytime, leading to an unexpected considerable expense. We support the guarantor to counter the problem without any panic.

However, the guarantor must still qualify for the minimum credit and income requirement. You can easily replace the existing plan with a revised one with better terms and interest rates. If the person goes missing without information about their whereabouts, the lender may be forced to adopt a legal way to recoup the payments.

4.  What If the guarantor refuses to pay the loan amount?

If a guarantor refuses to pay or assist the borrower in circumstances where he is contractually obliged to, he is liable to legal action.

If the lender files a recovery case, both the borrower and the guarantor will suffer trials. In case of a high amount, the guarantor may have to pay the remaining amount by liquidating the available assets. For this, the lender may contact them via email, texts, calls, and pretty much any way to get what they legally owe.

One grants a 14-day period to pay for the remaining loan payments and avoid legal trials.

1)      Take payments directly from their accounts

If the guarantor has CPA on, the lender may recover payments at regular intervals from the account.

2)      Debt passes on to the collection agency

If a lender can no longer chase the guarantor, it reports the case to the collection agency. Then the agency takes control of the matter and seeks ways to counter the guarantor. It may imply tapping the guarantor assets and seizing them.

3)      Credit Agencies record the default

The loan eventually enters default if the borrower fails to reveal good affordability amid guarantor loss.

What to do if a Guarantor Breaches the legal agreement

We empower our customers with the possibility to take charge of the situation.

If the guarantor refuses to pay, he breaks the code of conduct. But if your situation improves financially and you can manage payments without needing a third person, you can do so.

In bad credit loans, the terms and interest payments are slightly competitive among the loan agencies in Ireland. We allow the customers to clear off debts early without any pre-payment penalty to ease the deal. It not only helps get debt-free but helps the credit score too.

However, avoiding legal claims would help if you did so early.

Apart from this, you must follow the following steps:

1.       Get someone else as a guarantor

However, it is slightly tricky, but if you could, you must bring in the person. We can help re-design the loan agreement if you still manage the situation. You must be 100% sure this time. If you get someone before 14-days of trial on the guarantor or pay the amount, you may be free from the trial.

2.       Ask for a forbearance period

We understand dealing with unexpected situations in low income may be daunting. Here you can call for a forbearance period. We provide flexibility to halt the payments for a while. It would help if you worked on improving your income stream and financial status.

It would help if you worked on your credit score as well. You can qualify for better repayment terms with a better credit score and income. It is one of the ways to pay the loan in the absence of a guarantor.

Bottom line

Suppose a guarantor bounces back for any reason, and the loan defaults. However, acting quickly in these situations can save you bucks. The tips mentioned above could help.

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