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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33537
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I ran a flower shop with my ex partners brother for six years,

Customer Question

I ran a flower shop with my ex partners brother for six years, and when myself and his brother parted he accused me of stealing money from my shop and he then threatened me with violence and told me to get out of his shop and not come back .Nothing came of the accusations which were not true and our accountant said that no money was missing.That was over two years ago and i have not entered the shop since,as i am still a partner in the buisness and have had no money out of the shop since and my name is XXXXX XXXXX used to run the buisness and is over the shop front(he only drove the van) i just want it all to come to an end,he will not answer solicitors letters and i have run short of funds to fight him,hope you can help ..........
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who owns the property?
Clare
Customer: replied 2 years ago.

both do 50/50 partnership

Expert:  Clare replied 2 years ago.
Hi
Sorry - do you own the Freehold or is it a Lease?
Clare
Customer: replied 2 years ago.

own the freehold

Expert:  Clare replied 2 years ago.
Hi
Have you considered simply calling for the sale of the property?
Clare
Customer: replied 2 years ago.

there is no use talking to him,he just will not respond to me !

Expert:  Clare replied 2 years ago.
Hi
I appreciate that - what I mean is are you willing to force a sale of the property?
Clare
Customer: replied 2 years ago.

yes of course i would if he would only play ball but i doubt he would,i would gladly give up my share of all the money that i have`nt received from the shop for the last couple of years.

Expert:  Clare replied 2 years ago.
Hi
Does the Business also have a lease on the property - or do you just both own it?
Clare
Customer: replied 2 years ago.

BOTH OWN IT

Expert:  Clare replied 2 years ago.
Hi
In that case you can apply to the court for an order for the sale of the property.
this will not need his agreement or co-operation - and the Court will order the sale - and indeed can make him vacate the property if he tries to prevent the viewings
You should get a solicitor to write and inform him that you will do this unless he buys you out of the property
If he does not reply - then apply to the court for an Order for sale
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Will this cost me more money as i am a single mother and on low income,and where and how do i go about all this ,and what happens about the court proceedings will i have to pay to go through all this trouble.

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
Clare
Customer: replied 2 years ago.

we paid 30 thousand for the property and twenty five thousand as goodwill.

Expert:  Clare replied 2 years ago.
Hi
When did you last get a solicitor to write to him?
Clare
Customer: replied 2 years ago.

Due to the cost,the last time a solicitors letter was sent was august last year,he does not use a solicitor he just sends letters to our solicitor saying he was`nt interested in anything i had to say,so everything has just stayed as it was.

Expert:  Clare replied 2 years ago.
Hi
You can deal with the court application in person - do you think you could manage the forms?
Clare
Customer: replied 2 years ago.

Wont know until i see the forms,i am still worried about the costs as i have a son with a form of autisim and i don`t want to get in to debt.My former buisness partner has no worries about money as he got a massive pay out for injury he recieved in his last job,and his parents will help him as they are well off but i am on my own fighting by myself.

Expert:  Clare replied 2 years ago.
Hi
You do not need to worry about costs - if you deal with the matter yourself then the only cost is the court fee.
The starting point is a simple polite letter inviting him to buy out your share of the freehold
Tell him that he has 28 days to respond with his proposals or you will make an application to the court
then start to prepare the paperwork
Yours will be a Part 8 application as described here
http://www.familylawweek.co.uk/site.aspx?i=ed1008
the form is here
http://wbus.westlaw.co.uk/forms/pdf/cpf00151.pdf
Once the procedure is in place you may find that he is more willing to negotiate
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33537
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No reply from our correspondence with him.We are looking into options so we don't end up with his dept.

Expert:  Clare replied 2 years ago.
Hi
The prepare the paperwork and make the application!
Clare

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