Hello my name is ***** ***** I will help you with this. For now please let me know was there any signed agreement please?
There was no agreements, I put a proposal to her in writting but she declined and offered to loan me the money as she did not want any resposibility
Ok - if it was a loan the they do not have a share
You can write back to the Solicitor and say it was a loan
If it was a loan it does not entitle them to any share whatsoever
Ask for proof that it was a share purchase and not a loan
Can I clarify anything for you about this today please?
I have done they are now saying they are going to take me to court to release my books the shop now has £22,000 of debt she wants an additional £4,000 claiming that she was a partner, I recently moved from the area that is when she asked for her money back I paid her from personal funds from the sale of our house
They can try and take you to Court but they will lose
They can't claim a share without any proof
You have paid the debt back and interest
I assume it was never mentioned before 4 years - therefore in any event its too late
Can I clarify anything else?
I have asked the solicitor for proof of a partner agreement, they responded with "our client is currently obtaining evidence to show that you acknowledged our client’s involvement in the business by presenting her to both suppliers and customers as a business partner and evidence confirming the same will be produced in due course."
Ok - then wait to see what the so called proof is
But if they havent said anything for 4 years and you have paid back £28,000 seems more like a loan to me
Does that help?
She would help me out in the shop that was all, I run the shop as a sole trader all accounts with suppliers are in my name as is the bank account
If its a sole trader then she can't have a share, that kind of defeats the purpose!
But see what they come up with
Can I clarify anything else for you?
ok thank you, ***** ***** wait and see what happens next, i have pointed out the shop is in debt and if she insists she is a partner then is she going to take responsibility for the debt
Yes indeed that would be right
And you could ask for the £28k back as an investment
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Thank you I will do now