Please help! Husband left with my business- what can i do?

sassyblue

Silk wrote: »

I was replying to the other poster hence my quote in the reply

At the moment it's the husband who seems to be using the equipment to further "his own company" but untill "his own company" registers them as assets then any action regarding the theft will have to be against the husband not the Limited Company.

Aah yes sorry l see what you mean now, l was coming from the other angle theft FROM whom. x

Tiddlywinks

doggydogdog wrote: »

I have just asked him (over text as he will not take my calls) to come over and talk things through and he said he can't make it over until next thursday.
I said i would be persuing a formal route and he told me no and i'd have to wait. He has now just text me saying he cant meet me as he has an important meeting with an accountant before we speak...?
Why would he be doing this?

Why is he seeing an accountant? I would imagine he wants to get some professional advice!

Which is what you should be doing. Why are you wasting time on here when you should be getting legal advice... and I don't mean the free half hour you've already had.

There is a real distinction here between the business, the physical assets and the 'going concern' of goodwill, customer base etc.

It could be argued that you passed the business to him when you took a break. He could argue that you gave him the assets. There are 101 scenarios... so stop dribbling information into this thread and go, with all your records, to a professional that can see the facts before them and give you relevant and appropriate advice.

Sorry to sound so harsh but this is a business matter and not a family / relationships / domestic matter.

sassyblue

Tiddlywinks wrote: »

It could be argued that you passed the business to him when you took a break. He could argue that you gave him the assets.

Absolute rubbish.

There are two scenarios, either OP gave him the business or she didn't.

grey_lady

OP - do you have receipts in your name? if so I suggest you tell him that if the equipment is not returned tomorrow you will be contacting the police re theft at 5pm tomorrow. No excuses, no deal - he does not get to decide how you handle this.

Also, this forum isn't necessarily one frequented by solicitors - i believe there is a legal forum somewhere on MSE? if not, then the legal board on mumsnet is very good.

Tiddlywinks

Tiddlywinks wrote: »

Why is he seeing an accountant? I would imagine he wants to get some professional advice!

Which is what you should be doing. Why are you wasting time on here when you should be getting legal advice... and I don't mean the free half hour you've already had.

There is a real distinction here between the business, the physical assets and the 'going concern' of goodwill, customer base etc.

It could be argued that you passed the business to him when you took a break. He could argue that you gave him the assets. There are 101 scenarios... so stop dribbling information into this thread and go, with all your records, to a professional that can see the facts before them and give you relevant and appropriate advice.

Sorry to sound so harsh but this is a business matter and not a family / relationships / domestic matter.

sassyblue wrote: »

Absolute rubbish.

There are two scenarios, either OP gave him the business or she didn't.

Not rubbish at all...

You have to have an agreed definition of the 'business', you would need to understand the agreement between the two parties and how the OH 'added value' to the business whilst the OP was absent, and, finally, as I said, there are a 101 scenarios that *could be argued* hence the need for professional advice.

meritaten

you need legal advice ASAP - he has been planning this for months! you don't register a business in days or even weeks! might be nice if he could get 'burgled' and all the equipment stolen...............while you start up a new ltd company with all the equipment you have receipts for, wouldn't it? Not that I am suggesting such an awful thing you understand?

Tiddlywinks

meritaten wrote: »

you need legal advice ASAP - he has been planning this for months! you don't register a business in days or even weeks! might be nice if he could get 'burgled' and all the equipment stolen...............while you start up a new ltd company with all the equipment you have receipts for, wouldn't it? Not that I am suggesting such an awful thing you understand?

Actually, forming an 'off the shelf' company and then renaming it is simple and quick:

http://www.ltd-companies.co.uk/index.asp?ref=GoogleCompSec&add=KWSecCompForms&key=ltd%20company%20registration&gclid=CIqIvKyNqbsCFWsTwwodDEwAQA

egoode

meritaten wrote: »

you need legal advice ASAP - he has been planning this for months! you don't register a business in days or even weeks! might be nice if he could get 'burgled' and all the equipment stolen...............while you start up a new ltd company with all the equipment you have receipts for, wouldn't it? Not that I am suggesting such an awful thing you understand?

I've set up a new ltd company within a day so it really can be done that quickly.

For the OP if you do go to the courts to get the equipment back or at least the money make sure the papers filed are against him directly and not the Ltd Company's name. If it's in the Company's name he can just close the business down and open a new one and you won't get anything. This should be possible as they aren't assets that were bought by the ltd company.

z.n

Just clarifying my earlier comment re letting him keep the equipment so long as he pays for it (on basis OP is now working full time elsewhere anyway.)

1. Report theft to police, get a crime number. Explain you know where the items are and are trying to get them returned. Write formal letters addressed to him, her and the new company at its registered office by recorded delivery (proof of delivery is important) asserting your personal ownership of the equipment, business name and goodwill. Say equipment taken without your consent and must be returned forthwith. If not delivered back within (2 days??) in good order in exactly the same state at it was when taken then steps will be taken to recover items and /or claim for any loss suffered. Quote the police crime number.

2. Consider offering to sell the equipment to him/her/company for 35k payable as lump sum cleared funds. Reserve rights re name and goodwill or if it helps smooth things over treat the 35k as full and final settlement of the financial arrangements between you for the business only (not house or domestic.)

3. Set deadline for cleared funds-say 2 working days. This might be too short but you could extend if he asks. He would have collateral for a loan so might have luck with bank.

4. Wait the two days (but no more) and go back to the police with receipts and letter. If they get the equipment back well and good-otherwise if they say a civil matter then issue court proceedings. Ask the court for advice on the name of the claim. However, police would be easier and quicker if they can help. They might contact him which could force matters along.

Contact your insurance company to warn them there might be a theft claim. They might wish to advise on what to do anyway.

Don't delay- what happens if the equipment 'disappears' or he says he never had it? Even waiting 2 days might create more problems but a crime number might just get his attention and force some sensible action. Keep all records of any admission ex makes about the fact he has taken the equipment. Texts and the sort are evidence but what you really need is to start building your paper file to support possible future loss claim. That means formal letters, deadlines etc.

Best case-get to a solicitor to help sort it out properly, but that will cost and a formal letter is the first step anyway.