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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I set up my business in 2007 with a business parther, in 2009

Customer Question

I set up my business in 2007 with a business parther, in 2009 He resigned as a director and I purchased his shares. In 2011, the company entered administration and a phoenix company was created providing the same services. The administration was entered in Dec 2011 with no complications and that company has now been disolved. However my ex-business partner has now only just read the administration report on Companies House (4 years after he left and 2 years after the administration) and is not happy with the report. I have included in the report that debts were found after he left which contributed to the downward spiral of the company. He is saying I have blackened his name and he will sue me for damages. Do you know if he has any rights?
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi thanks for your question. if what you said was true he has not rights whatsoever. Even if you cant prove it is true but it is fair comment , you are not at risk. I would either ignore him or tell him to complain to the administrator if he does not like it.

Customer: replied 3 years ago.

Thats what I was thinking - I cannot see that he has any rights, but he is bein very aggressive towards me and sent some nasty emails. he says that I need to get Companies house to post a statement saying it is not true (I dont think this is possible anyway). He has also said that if I don't respond he will spready rumours to my clients and competitors to bring my business down. Do you know where I stand on this? I'm assuming I'd have to put some sort of injunction in place?


 

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Senior Partner replied 3 years ago.

Hi Thanks for your reply. I apologise for my delay in responding but for some reason the system did not notify me of you response and once you "relist" it no longer appears in my questions. You are completely correct, you cannot get companies house to post anything. It sounds as if he is a nasty piece of work and trying to bully and bluster. If he were to carry out his threats you could sue for defamation and get an injunction to prevent him. Really the choices are to ignore him or to respond either yourself or through a solicitor saying that his threatening e-mails are actionable and clear evidence of his intention to maliciously interfere with you and your business and you will sue him if he does anything of the kind. You might also say harassment and threatening behaviour is against the law and you will report him to the police.

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