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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, I wonder, if you can help me. (March 2014)my

Customer Question

Good afternoon, I wonder, if you can help me. (March 2014)my partner has asked me, if his client could transfer some funds to my bank account, because his account was inactive at this time. I agreed, without thinking about any future problems it could cause (he was my partner and I did trust him). August 2015 I have received a letter from his client's parents requesting all the funds to be paid back to them, however I had no dealings with them or their son, or have not been included in their contract with my partner. Therefore I have responded to their pre-claim letter, advising them, that their should deal with my partner. After 2-3 months I have received the further letter, but from their solicitor now and I need legal advice to respond to this letter and I wonder, if you could let me know, how serious is the situation? can their process to the court? do I have to pay the funds to them, even if all the funds were given to my partner for him to do the agreed work?
the letter that I have sent to claimants in August 2015:
I write further to your letter dated 14 July 2015 which purports to be a Letter of Claim in accordance with CPR PreAction Protocol. This letter was received on [ ] July 2015 and therefore I have only now had a chance to address the allegations and respond accordingly.
My response is brief as I understand you have also written a Letter of Claim to (name) As far as I am aware, (name) is the correct person to liaise with regarding this matter.
At no point have I been a party to the contract between your son, and my partner. I have not been involved in any of the renovation works completed at your son's property and have not liaised with your son in any regard.
The financial consideration for work completed by (name) was paid into my bank account as (name) and I am in a relationship and share banking facilities. Your son was happy to pay my partner in this way and at no point was any concerns raised. I am a third party to any commercial relationship between your son and my partner and I therefore invite you to agree to direct any allegations and complaints to the appropriate party, my partner.
This is the extent of my response as your Letter of Claim does not identify any wrongdoing on my part. Of course, if you would like to discuss this matter further I am happy to enter into without prejudice discussions; however, as noted, I believe the appropriate person to liaise with regarding this matter is my partner.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Are they pursuing your partner separately?
Customer: replied 1 year ago.
I think so, however he has not received the letter as far I am aware. He has received the first letter in August.
Expert:  Ben Jones replied 1 year ago.
You are correct that the legal contract would be between the client and your partner. He is the one who had agreed to provide the services and the client had agreed to enter into a legally binding relationship with him, not with you. The fact that he had used your bank account to receive the funds does not make you legally liable for that money, especially if you have now passed it on to him. You were just used as an intermediary, someone who was used to facilitate the payment. It is like comparing you with the bank to which the money was sent – they can’t hold the bank liable just because they are the ones to whom the money was sent.
There is nothing stopping them from actually making a claim against you but you could defend this and ask the court to strike the claim out because it has not been made against the correct person and you have no contractual or legal responsibility to deal with it. But it may have to be done in court if they decide to take it that far.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
is there any chances that court decision will be that I am liable to reimburse them?
Customer: replied 1 year ago.
and if they will decide to take this to the court? what impact it will have on me in the future? I will have a court record. can it effect my future employment etc.?
Expert:  Ben Jones replied 1 year ago.
Well the court route always involves risks for both sides so it is never going to be a 100% guarantee but in the circumstances it is rather unlikely. If they go to court then that is not really an issue - even if they win all you have to do is repay the money you have been ordered to. Only if you refuse to do so would this then eventually become a registered curt judgment against your name and it may affect your credit record but it is not common for employment to be affected by it. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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