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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Someone has signed my husbands name in relation to some plant

Resolved Question:

Someone has signed my husbands name in relation to some plant hire at work & the hire company are now demanding £2000. We have taken the matter to the police but they say this is not something they would deal with
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify if your husband is an employee or a director of his company for which he works please?

Customer: He is a self employed contractor. The plant was not hired on his account
Joshua :

I see - thank you. So this is someone who has fraudulently used his hire account to hire out equipment?

Customer: No not exactly another contractor on the site hired the equipment using his own account My husband signed to accept when it was delivered. The hire company were then contacted at a later date to 'off hire' the equipment, they do acknowledge this telephone call. The plant was not collected & they are claiming that my husband signed a form requesting further hire
Joshua :

Thanks. But in fact your husband contends that all he signed was an acknowledgement of delivery?

Joshua :

Have they provided him with a copy of what he signed or they claim he signed?

Customer: Yes he signed when the plant was delivered. He went to the hire company & took along his passport & driving licence to show them that it was not his signature. They accepted it was different but as they had a signature, they are demanding payment.
Joshua :

Thanks. Well they can demand all they like but if your husband disputes liability they will need to prove their claim in court. If the signature is different then there should not be a need for a handwriting specialist but if your husbands signature has been forged, a handwriting specialist can be retained.

Joshua :

The concern for your husband is likely to be less the above claim as they will have little in the way of a case if they cannot prove it was on the balance of probability your husband that signed the document, but rather what actions the company may take in respect of your husbands own account. They may decide to restrict or prevent him hiring equipment from them under his own account in the meantime or permanently.

Joshua :

Your husband may wish to think pro actively and look for other hire companies to consider in case this occurs so he is not temporarily without the ability to hire equipment.

Joshua :

As regards XXXXX XXXXX claim the company has against your husband this would appear to be flimsy. If they have accepted a further hire agreement it is up to the company to identify who they are dealing with by satisfying themselves as to ID for the hire. if they failed to do so this is not your husbands liability.

Customer: My husband does not have an account with the company in question, it was another contractor on the site.
Joshua :

That is ideal as it removes the concern regarding any impact on his own account

Joshua :

On that basis your husband can consider reverting to the company in writing reiterating that he has not signed their hire documentation and that he has attended their offices to produce identification proving this and denying any liability to the company whatsoever inviting them if they consider they have a claim to issue proceedings against him in the county court which will be aggressively defended on the above grounds and costs claimed against them for a vexatious claim given that they have accepted that it is not his signature on the document.

Joshua :

Is there anything above I can clarify for you any further?

Customer: Thank you very much for your help
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Customer: Thanks
Joshua :

Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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