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.
What is your link with the Company? Did the other employees have shares or a Director?
Did they take with them any commercial information please?
My link is that I am the son of the director
They have basically taken all of the previous equipment from the previous business
My dad and his brother joint own the building as part of a SIPS
They have taken equipment?
computer software, computers, printers, tools etc.
business accounts etc.
They physically took items?
yes that should have gone to the liquidator of the previous business and have used them to set up a new business
Have you reported this to the Police?
Not as yet as i wanted to seek legal advice first
but that is not the main point
its to seek damages against them personally
as they have left our family in turmoil
and have taken no responsibility yet are solely responsable
This was a Limited company, right?
Yes my dad was director and his brother was running it
but could not be a director because he had an INVA
Its bad news.
If he was a Director then this was a Ltd Company or Plc
It would have been for the Ltd Co to sue the individuals.
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
As a Director/Shareholder he can not sue these people.
It would need to be in the name of the Company
If the Company has been dissolved or gone then no action can now be taken
He has no contract or claim against them individually
the company isn't completely wound up yet
Only the Company has
Therefore if the Company still exists then the Company can take action
The Company can issue proceedings for 'delivery up' and to 'account for profits' made from using their equipment and data.
But the Company needs to issue a claim personally.
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.
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.
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.
You are also seeking the Court to make them deliver the stolen items and set out how much they have made from this theft
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.
Above £10,000 then you will need representation
Can I clarify anything for you about this today please?
ok thank you very much for that information
is there anyway i can print this conversation?
Once you rate then the format changes and you can print the chat
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