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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Ok, so here is the dilemma, 2 members of staff purposely

Resolved Question:

Ok, so here is the dilemma,

2 members of staff purposely forced a company to shut down and started up a new company with relatively the same name and exactly the same trade and left the director of the previous company with a large amount of debt, emotional damage and stress.

The employee supposed to be managing the company for the director put his name to all accounts etc apart from the directorship, swindled and stole money out of the company for years and then set up a business exactly the same in the same building. Surely this is not legal?

I would like to know if we are in good standing to sue both in question.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

What is your link with the Company? Did the other employees have shares or a Director?

Alex Watts :

Did they take with them any commercial information please?

Customer:

My link is that I am the son of the director

Customer:

They have basically taken all of the previous equipment from the previous business

Customer:

My dad and his brother joint own the building as part of a SIPS

Alex Watts :

They have taken equipment?

Customer:

computer software, computers, printers, tools etc.

Customer:

customers

Customer:

business accounts etc.

Customer:

(with suppliers)

Alex Watts :

They physically took items?

Customer:

yes that should have gone to the liquidator of the previous business and have used them to set up a new business

Alex Watts :

Have you reported this to the Police?

Customer:

Not as yet as i wanted to seek legal advice first

Customer:

but that is not the main point

Customer:

its to seek damages against them personally

Customer:

as they have left our family in turmoil

Customer:

and have taken no responsibility yet are solely responsable

Alex Watts :

This was a Limited company, right?

Customer:

Yes my dad was director and his brother was running it

Customer:

but could not be a director because he had an INVA

Customer:

IVA

Alex Watts :

Its bad news.

Alex Watts :

If he was a Director then this was a Ltd Company or Plc

Alex Watts :

It would have been for the Ltd Co to sue the individuals.

Customer:

So put his name on all of the accounts, telephones, internet, trade accounts etc. then the business went in to liquidation, my dad (the director) took around 30k hit and the brother walked away with all the accounts scott free

Alex Watts :

As a Director/Shareholder he can not sue these people.

Alex Watts :

It would need to be in the name of the Company

Alex Watts :

If the Company has been dissolved or gone then no action can now be taken

Alex Watts :

He has no contract or claim against them individually

Customer:

the company isn't completely wound up yet

Alex Watts :

Only the Company has

Alex Watts :

Therefore if the Company still exists then the Company can take action

Alex Watts :

The Company can issue proceedings for 'delivery up' and to 'account for profits' made from using their equipment and data.

Alex Watts :

But the Company needs to issue a claim personally.

Alex Watts :

You need to write and set out your losses and request the equipment and documents 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.

Alex Watts :

If they do not hen 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.

Alex Watts :

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.

Alex Watts :

You are also seeking the Court to make them deliver the stolen items and set out how much they have made from this theft

Alex Watts :

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.


 

Alex Watts :

Above £10,000 then you will need representation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok thank you very much for that information

Customer:

is there anyway i can print this conversation?

Alex Watts :

Once you rate then the format changes and you can print the chat

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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