Business Advice-Small Claims?

Mazzza

Brassedoff wrote: »

left owing me half of an £11,000.00 loan and half of an 8,000.00 loan - what proof do you have? Or did you get a loan/credit card to get the money?

I offered to pay an old vat bill with, plus some other small bills and bits he used my accounts i.e. buying business materials. - did he pay for those?

Is it worth taking him to small claims court or is there another way? - There are so many ways. Just you will not be in the small claims court. The amounts too high. You would end up spending. Fortune on legal fee's if you don't have proof. And I mean without a shadow of a doubt.

I do have a business agreement - What does it say? does it have a no compete clause?

and he has taken work from our company by trading with the same trade and stealing a large contract we both had together. - The first item depends on the previous question. The latter depends on whether he assigned the contract illegally or if a Judge would see he did indeed transfer the contract whilst in your employ in bad faith, or if you can prove it another way. The big issue is it sounds very murky and not clear cut.

He has nearly ruined my company all because I wouldn't sell to him. - Unfortunately that's business! There are many people who are willing to sell their Granny for a £1

1) We got the loan from the bank for £11,000 and for the £8,000 I lent this to both of us (via personal savings) to pay back asap with an agreement in place that stated we would both pay half of it back to me.
2) He didn't pay the small bills etc. I had to pay them so I could get supplies for the company so had to clear the balance first.
3)Could I not do two separate claims one for £5,500.00 and then one for £4,000.00 ??
4)Yes it is signed and does have a no compete clause he isn't allowed to do any of the same work or contact our customers.
5)I will wait to see what you say about the previous question.
6)I am so glad I haven't got a Granny :rotfl::rotfl:

I hope that answers everything.
Thank you ever so much for your time :A

Wywth

Mazzza wrote: »

Thanks and yes you are right I have checked this out and you can do it online costing around a hundred pound or so depending on how much you want to claim back.

The cost of filing a claim online of between £5k and £15k is £245 ... and that could just be the start.

Normally the costs are added to the amount claimed if you are successful ... but you have to pay them upfront to the court.

Annisele

Mazzza wrote: »

I would like my money back and I have found out he isn't trading anymore, but he didn't tell the Large Client that he had left our company, so he still traded as my company name. Taking a couple of large job from me, which I did have booked in, but they called and said it wasn't going ahead!

It was a 50/50 partnership with a partnership agreement in place.:)

If you were partners, then it's difficult to see how he "took" a large job from you. In a partnership, sometimes the partners will do different work and have different clients - that doesn't stop it being a partnership. (Think of solicitors firms; they're often partnerships but clients may only see one solicitor).

Would he be able to argue that he was in fact acting in the best interests of the partnership, but left after his relationship with you broke down?

And speaking of leaving, does the agreement say anything about what happens when somebody wants to leave the partnership? And has that happened? (I'm wondering if he has a counter claim against you. If you're carrying on the business, and you have all the assets/goodwill/clients, he might tell us a different story. It doesn't really matter which of you is right; it matters whether you can persuade a judge).

On a final point, have you told all the people you need to that you're no longer partners? If you don't do that bit properly you can end up liable for debts he incurred after he left. If you're not sure what I mean on that, you could probably do with some legal advice.