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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking advise on a situation i am stuck in.

Customer Question

hi i am looking for some advise on a situation i am stuck in. a "friend" of mine is a carpet fitter and i am a decorator but i also do flooring as well, my friend had a cash account with a carpet supplier which got cancelled for some reason which i do not know and i had a credit account with the same supplier, i said he could use my account to order a couple of carpets as long as he pays them but he kept going behind my back and ordering carpets without asking and he has lumbered me with this debt i had only used my account the once he had used the rest and now the account is at a county court on wednesday which i only got the letter on saturday. i just have no clue what to do please help.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What do you mean, the account is now at county court? Did you get Court papers, is it for a debt?
Customer: replied 1 year ago.
Yea I got court papers and yes it's for a debt
Expert:  Ash replied 1 year ago.
Ok, in your name? There isn't a court hearing though is there, is this just a claim form?
Customer: replied 1 year ago.
Yes I think so
Customer: replied 1 year ago.
Yes it's in my name but I'm not sure if there's a hearing or not
Expert:  Ash replied 1 year ago.
Is it just a claim form which says you owe money? Does it say you can admit or deny it?
Customer: replied 1 year ago.
Yes and yes
Expert:  Ash replied 1 year ago.
Ok, then you are not due in Court just yet. As he used your account technically you are liable as you would have agreed to pay back monies spent on your account.Because you allowed him to use your account then you are liable for those sums.But what you should do is send a defence back, counter claim against your friend and seek what is called an indemnity from him.This means the Judge can order that he pays the debt.But as it stands you are liable and therefore need to send the form back counter claiming against your friend.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Yes I agree I only let him use it once the other times was behind my back
Expert:  Ash replied 1 year ago.
Yes sadly you have to defend and counter claim against your friend.Can I clarify anything else?Alex
Customer: replied 1 year ago.
How do I go about a doing that?
Expert:  Ash replied 1 year ago.
You send back the defence and then fill out a counter-claim form:
Customer: replied 1 year ago.
And where would I get the counterclaim form from? And how much would it cost me todo that
Expert:  Ash replied 1 year ago.
See above. The cost of the counter claim to issue is the same cost as the claimant paid to issue the claim which will be in the claim form. Does that help? Alex
Expert:  Ash replied 1 year ago.
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