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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife was named as a defendant in a writ served regarding

Customer Question

My wife was named as a defendant in a writ served regarding a dispute involving a boat rental,however my wife does not appear as the renter on the boat rental contract. The rental company would not accept a debit card in respect of the rental deposit so my wife's credit card was used instead. Does this make her a party to the agreement, I wonder?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much the claim is for and whether you are also named?
Customer:

US$58,000. I am also named as I was the renter as named on the rental contract which I signed.

Alex Watts : Ok. Is this a uk law question?
Customer:

The rental was in the Bahamas and the writ was issued under the law of the Commonwealth of The Bahamas whic, as a former colony, is essentially UK law.

Alex Watts : Ok and are you based in the uk?
Customer:

yes

Alex Watts : Ok. Does the agreement say it is governed by uk or Bahamas law please?
Customer:

Bahamas

Alex Watts : Ok, they are suing over there I assume, rather than uk?
Customer:

yes

Customer:

yes, it the writ had been served in the UK would there be grounds to set it aside as my wife should not hve been named as a defendent

Customer:

Sorry, not sure my answer went through: If the writ had been served in the UK would the above be grounds to have it set aside?

Customer:

Have you received my answer?

Alex Watts :

When you say writ, you mean claim form?

Alex Watts :

Or has Judgment been entered?

Customer:

A writ has been served and an Appearance has to be made shortly. No judgement can be made until the trial has completed.

Alex Watts : Ok, have you filed a defence here?
Customer:

no, the defence will be filed in Nassau

Alex Watts : Ok and the hearing will be there too?
Alex Watts : has a defence been filed yet?
Customer:

Yes, in Nassau. No defence has been filed yet.

Customer:

Have not received your response and do not yet have an answer to my question. Please respond!

Alex Watts : Are you both named in the claim, even though you are the sole signatory to the agreement z.
Customer:

The writ names both myself and my wife. I alone am named as the renter and am the sole signatory.

Alex Watts : Thank you. I can answer as uk law. She is not a party to the agreement. When she files a defence she can say there is no contract and that any claim against her ought to bens
Alex Watts : ought to be struck out
Alex Watts : Just because there is a payment on wife's card does not mean she is a party to the agreement.
Alex Watts : she did not agree to the terms she only made payment on behalf of the contracting party.
Alex Watts : Therefore she is not a party and any claim can be struck out against her and that is what she should ask for
Alex Watts : Can I clarify anything for you about this today please?
Customer:

no that is fine, thank you

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