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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I recently split with my business partner We had a Ltd Company

Customer Question

I recently split with my business partner

We had a Ltd Company and a partnership

The Ltd Company had two 'sides' to it

Forklift Truck Supplies and Forklift Parts Supplies

The company has a website advertising both sides of the business

I agreed to leave the companies and go it alone

The agreement being that I take the Parts side of the business and any enquiries received are passed to me, by return I would pass any Forklift Supply enquiries to my ex-partner

My ex-partner always dealt with the website maintenance and I do not have any of the passwords my role was simply in sales of both Forklift Trucks and Parts

We have not been on the best of terms since the split

My ex-partner has now deleted the Spare Parts page from the website so I will not receive any enquiries whatsoever

This means that the part of the business which I took on does not exist anymore

If I do not get any enquiries I will be made bankrupt before I even get off the blocks

Do I have any legal regress ?

HELP !
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Did you have a contract with each other about the split please?
JACUSTOMER-4cx6nigw- :

A written agreement re me resigning from the businesses and a witnessed verbal agreement regarding the passing of leads

JACUSTOMER-4cx6nigw- :

I have many e-mails to prove the agreement

Alex Watts :

Do you know how much you have lost? Have you asked him to put up the page again? If so, what was the response please?

JACUSTOMER-4cx6nigw- :

Impossible to say how much I have lost but I haven't had a single enquiry for a month !

Alex Watts :

What you need to do is write to him and ask him to put it back up as this was part of the agreement (to which you have a witness).

Alex Watts :

If he refuses then get a Solicitor to write a letter and demand that it be put back up.

Alex Watts :

Then if he still refuses you can issue Court proceedings and seek an injunction to make him put it back up.

Alex Watts :

If the matter is contested then it will be set down for trial and your witness would need to attend Court.

JACUSTOMER-4cx6nigw- :

I have asked him to put the page back up and I couldn't possibly broadcast his response - he is definitely trying to put me out of business

Alex Watts :

You need to take the steps in this order:

Alex Watts :

1) Write (not email or verbal) and ask him to restore it

Alex Watts :

2) Solicitors letter

Alex Watts :

3) Court

Alex Watts :

If you win the injunction then you would have your legal costs awarded to you.

Alex Watts :

Can I clarify anything about this for you please?

JACUSTOMER-4cx6nigw- :

Do you think I have a fair chance of success as I do not have funds available to pay Solicitor's costs

Alex Watts :

Yes I do, especially if it was agreed and you have a witness to that

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

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