How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My wife and I lost our business to a magistrate in a private

Customer Question

My wife and I lost our business to a magistrate in a private deal and he kept our money our company and we lost about £30,000

He has made the company insolvent so we cant get our money back and we won a employment tribunals but they don't have to be because they have gone broke.
he threatened my husband with physical violence which my husband laughed at but wrote a formal letter of complaint which was never dealt with and he has a swingers life style literally with dodgy women all over the UK as a married man living estranged from his wife in Spain and he has a love child in Surrey. He has failed to pay the HMRC debts of £5000 for the company they kept and they now chase us for that debt but we don't own the company and he allowed us to invest £10,000 ISA from our disabled daughters savings promising it would be returned but it wasn't Help please
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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did he pay you the business? Did you have a contract for sale at all?

JACUSTOMER-g04m4k4v- :

Not exactly my wife gave up her half share of our company in exchange for the same part time admin work for me but they failed to pay her and sacked her. I was given a one third share of the merged company but they didn't pay me correctly for three months despite working 70 hours per week and I had to leave and start again but still owned equal shares

Alex Watts :

Was anything in writing about the sale?

JACUSTOMER-g04m4k4v- :

Yes agreements about shares and who would be paid what but none were adhered to

Alex Watts :

You can sue in that case for breach of contract based on what was put in that contract if it was not honoured.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not paid you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. If as I suspect the value is above £10,000 then you would need legal representation for the trial. You would have to pay for this and if you won then you could claim costs from the other side.

Can I clarify anything for you about this today please?