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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madam,In October 2010, I was asked by a company

Resolved Question:

Dear Sir/Madam, In October 2010, I was asked by a company (Duanmis Construction Ltd) to find a new office for them. I signed the lease in October 2010 which was a three month rolling contract. However I left the company within a week in mid October 2010. I have since received a number of letters from a debt collection agency demanding that I pay outstanding rental from what I believe to be 2012. I have spoken to them on the phone to point them in the direction of the company Director, but they are insisting that i am liable for the payment, despite not working for them for over 3 years. Please can you advise me on what action I can take to avoid liability? I have given them the details of the director and contact number including address. I have also signed the lease agreement as Dean Owen Dunamis Developments, where as the lease is for Dunamis Construction Ltd.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you have a personal guarantee please?
Customer:

Hi Alex,

Customer:

A personal guarantee of what?

Alex Watts :

You said you signed a lease, personally or through a company please?

Customer:

I signed using my name on behalf of the limited company. The document is a licence and it says im a licensee. It says that " In witness thislicence is duty signed by the parties the day and year first before written" the where i have signed its says " signed as a deed by (name) for and on behalf of (company)

Customer:

Thete Is no mention of a personal guarantee

Customer:

The debt collection company says under clause 8 i am liable. Clause 8 reads 8. If the licensee is a limited company, the directors of the licensee hereby and severally idemnify the Licensir (as principal debtors) against all outstanding debts and costs incured as a result of any failure by the licensee to comply with the terms and obligations of this Licence. This indemnity remains fully effective even if the Licensor gives the Licensee extra tine to comply with any term or obligation

Alex Watts :

Are you a Director?

Customer:

Of this licence or doea not insist on its strict terms.

Alex Watts :

Are you a Director?

Customer:

No i am not and have never been a director of this company

Alex Watts :

Ok - in that case you do not need to worry

Alex Watts :

There is no personal guarantee

Alex Watts :

And the clause is clear "the directors of the licensee hereby and severally idemnify the Licensir (as principal debtors) against all outstanding debts and costs incured"

Alex Watts :

You are not a Director

Alex Watts :

Therefore you can NOT be personally bound

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The DC company has sent me three pages of the agreement. The first page is of an agreement commencing on the 12th Novemeber 2012 with the current director. Page 2 and 3 are the terms for the agreement with my name signed in October 2010. Wouldnt thstthat indicate that a new agreement was raised in 2012?

Alex Watts :

I see. But in any event you are not liable if you did not sign it personally and you are not a Director.

Alex Watts :

So in reality it makes no difference

Customer:

Thanks Alex, how much would it cost for you to write to them on my behalf?

Alex Watts :

Sadly I can not be instructed as it is against site rules.

Alex Watts :

I am not allowed to do work for you

Customer:

Ok thanks for your advice.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Will do. Thank you

Customer:

Alex, just one more question, their last letter says they will be sending collection agents to my address to take the debt. What can i do to stop them coming to my home?

Alex Watts :

You should write and say you do not accept the debt for the reasons stated above and that it would be against the OFT guidelines to send debt collectors whilst it is in dispute.

Alex Watts :

Can I clarify anything?

Customer:

No that pretty clear. Thanks again

Alex Watts :

Great. All the best

Alex Watts :

Please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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