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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed a lease agreement for some computer equipment for

Resolved Question:

I signed a lease agreement for some computer equipment for a business I was a Director of up until recently.

While I was happy to sign it on behalf of the firm, I've since discovered someone has signed a Director's guarantee on my behalf. The signature is laughable and looks nothing like the one on the main agreement form which I did sign.

I have a copy and it's 100% not my signature and I can prove this through other legal documents I've signed over the years, all with the same signature.

I'm about to leave the company and have asked the MD to transfer it into his name which he's verbally agreed to. However I don't trust he'll do it and don't want to be held liable for any repayments.

Can you please advise?
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you asked the Company who leased the equipment from to release you please?

Customer:

Hi Alex, I haven't asked them as yet. I may be leaving the company this week and as such I would like to get it sorted out one way or another.

Customer:

Hi Alex. No I haven't asked them that yet.

Alex Watts :

Ok - you need to do 2 things:

Customer:

Hi AlexAlexA

Customer:

Sorry, having problems with my phone.

Alex Watts :

1) Ask the lease company to release you

Alex Watts :

2) Get an indemnity agreement from the your Company and/or Director against any future liability

Customer:

As soon as I saw the signed guarantee I told them I hadn't in fact signed it at all.

Alex Watts :

This is an agreement that indemnifies you and holds you harmless against any future liability

Alex Watts :

Yes but you don't want it to get that far.

Alex Watts :

But take the above two steps.

Alex Watts :

If you have that then everything will be fine.

Customer:

What if they say they won't release me from it?

Alex Watts :

Then you need to have option 2 - get an indemnity from the Company/Director

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK thanks. I'm sure it will be fine but is there anything else I could do if either of these steps fail?

Alex Watts :

Not really. You would have to wait and see if the Company defaulted and then issued a claim against you for the sums owed.

Alex Watts :

Then you would raise the guarantee

Customer:

OK thanks.

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