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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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I have received a Claim Form from a lady who worked from my

Customer Question

I have received a Claim Form from a lady who worked from my Beauty Salon. She is claiming that we had a partnership and that I owe her £4613.09. We did not have a partnership and no agreement exists. I do not know how to respond. She has provided a list of losses she has made and wants me to pay for them, including products she has used or removed from the salon. Where do I stand? It all seems a bit bonkers to me. Thank you, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

JACUSTOMER-gy2ot2rl- :

Many thanks, ***** ***** need further information from me?

Customer:

In the claim form she should state what it is you have done that deviates from thet eh agreement she states you had with her and rexplain how the losses are you fault. Has she done so?

JACUSTOMER-gy2ot2rl- :

No. The particulars of the claim are as follows (copied and pasted, please ignore the spelling mistakes):

JACUSTOMER-gy2ot2rl- :

“I started a business with Victoria, she has basically allowed me to build a business including renovating premises, which she is still trading from. ***** Swinton, Rotherham, S64 8LZ.”

JACUSTOMER-gy2ot2rl- :

“I explained money was getting tight and I was going to leave, I removed products that was rightfully mine.”

JACUSTOMER-gy2ot2rl- :

“She changed locks and alarm codes packed the rest if my items and told me to collect Saturday 15/11/14.”

JACUSTOMER-gy2ot2rl- :

“A lot of money spent was on consumable items, which money was put back in to the business from treatments to cover rent further purchases, and money on the refurbishment of Queen Street.”

JACUSTOMER-gy2ot2rl- :

“I have emailed her to state I was intending to recover losses on the 22/11/14, she replied on the 25/11/14 telling me to stop harassing her and go through legal channels.”

Customer:

Ok well that is as clear as mud. She doesn't seem to explain the basis of her claim at all there.

JACUSTOMER-gy2ot2rl- :

I know, everyone that has read it comes away scratching their head. The items she is claiming for are also crazy. For example she says I owe her £1608.89 for Stock and Consumables but does not itemise them or provide copies of actual receipts. We bought our own products and carried out different services so I fail to see why I am responsible for her losses? She is also claiming I owe her £443.05 for Crystal Clear stock, which she removed from the salon and actually has in her possession.

JACUSTOMER-gy2ot2rl- :

I ought to add that I alone lease the premises and employee an apprentice.

JACUSTOMER-gy2ot2rl- :

The business made an overall loss so there is nothing to give back or be "bought out of".

Customer:

You need to file a defence to this. YOU normally have 14 dyas fron date if service to do this. The papers you have received should explain what is required but essentially you need to rebut her claim to the extent that yo understand it and put in numbered paragraphs your version of the history why yo owe her nothing. You then need to send a copy to her and to the court. The you will wait it hear from the court, there will be a preliminary hearing and then a few months after that a trial, where she will need to prove her case on the balance of probabilities.

JACUSTOMER-gy2ot2rl- :

Also what do you mean by "balance of probabilities"?

Customer:

More likely than not (ie greater than 50% likely).

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