Remember that what another problem you face
is that if you cannot come to an accommodation with him and you carry on with
this company, if ever it takes off good style, you will end up paying a lot
more to get rid of him.
Unless there is an agreement to the contrary,
all assets and copyright vest in the company and if the company went into
liquidation, they would be sold on the open market and you may be bidding
against him. But in any event, you would be buying the assets off the
liquidator and there could be quite a big hiatus (costly) during which you
could not trade using the company assets.
You have offered £1000 and he has spent 3000.
You think he would probably settle for 2000.
You are therefore only £1000 adrift and it
depends what it is worth to you to put the whole thing behind you. £1500?
In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments. They may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.
So consider deciding how much you would like
to pay the (you need to make it attractive enough) and send it with a covering
letter headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
Tell them in the letter that you are offering
this money in full and final settlement of all claims against you, past,
present and future, and that by cashing it they accept it as such. Tell them
that if they do not accept it, they should return the cheque to you and if they
issue legal proceedings, you will defend them on the basis of A, B, C,
Tell them that if they do not understand the
significance of the letter. They should take independent legal advice.
I can tell you this approach works nine times
out of 10, provided the offer is reasonable and not derisory.
For legal reasons which I will not bore
you with but which go back several hundred years, the cheque must not come from
you, but was come from a third party, friend, relative, solicitor, our
accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.
Can I help further?
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The thread remains open.