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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I am being summonsed for an unpaid vehicle lease taken out

Customer Question

I am being summonsed for an unpaid vehicle lease taken out 5years ago. My company has been a limited liability partnership for the past 3 years but went into administration 3 months ago. Am I still liable?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Was the lease signed by the LLP or in your personal name? Did you give a personal guarantee for the lease?

How much are they claiming and do they have the vehicle back?

Kind regards

AJ
Customer: replied 3 years ago.
No we entered into the lease agreement before we went LLP. No personal guarantee. The vehicle was subsequently stolen( the van driver had left the keys in the ignition) so our insurance was void!
The amount they are claiming is £10400
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Did you enter into in your sole name? Or did your partner enter into as well?

I am afraid if you have signed it personally you are at least in part responsible for the lease regardless of what happened to the LLP. The best course of action now should be to try and negotiate settlement? If you and your partner signed it you are both jointly liable for it.

I look forward to hearing from you.

Kind regards

AJ