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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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, I worked alongside my now ex fiance in his business

Customer Question

Hi,
I worked alongside my now ex fiance in his business - I am a 25% shareholder - for over 1 year - November 2013 - December 2014. From August 2014, he agreed to pay me £500 per week on a consultancy basis. Our relationship on both a personal and professional levels terminated on December 20.
I would like advice with regard to invoicing this business to recoup the monies owed to me - 90 days x 12.50 per hour x 8 hours = £9000.
I have included T&C's that the monies must be paid within 30 days of the date on the invoice - i.e. today's date. Is there any additional legal measure I can take to ensure that I get paid?
Kindest regards,
Rachel
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have you actually invoiced for all the monies owed? Is the invoice made to a limited company?
Is your ex fiance or the company based in Scotland?
Kind regards
AJ
Customer: replied 1 year ago.

Hi,

Thank you for your assistance - the company is registered in London - Name & Registered Office:
MSB VISUAL COMMUNICATION LTD
164 BALLARDS LANE
LONDON
N3 2PA
Company No. 08999938

I created the invoice today and thought I should get legal advice before sending it.

Rachel

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
There are two elements here:
(i) The money the company owes you;
(ii) The money your ex fiance owes you.
You will have to pursue each one separately. Unfortunately you cannot impose terms and conditions prior to the debt being incurred. What you have to do is send him the invoice, give the company a reasonable amount of time to pay. If it does not pay then you can commence a court claim using the money claim online service https://www.moneyclaim.gov.uk/web/mcol/welcome
Where is your ex fiance based? Is he based in Scotland?
Kind regards
AJ
Customer: replied 1 year ago.

Hi Alex,

Thank you for your advice.

I am pursuing both separately matters separately and have engaged solicitors in Scotland to deal with the loan.

I will send him the invoice today and allow 30 days within which he has to pay and then pursue him via https://www.moneyclaim.gov.uk/web/mcol/welcome

He will ignore the invoice as he has ignored requests to pay back the loan and that is why I emailed asking for advice vis a vis if there is anything I can do to strengthen /impress upon him the notion that this invoice needs to be paid?

My sense from your responses so far is that I need to submit and await his non-response and then pursue this via the courts. If I copy the invoice to the business's accountants, might that be helpful?

Kindest regards,

Rachel

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
All you can say to him is that if he doesnt pay you will seek to make a county court claim and recover costs and interest from him.
Sending the invoice to the accountant will give you added assurance that the company has received it, but ultimately the invoice only need be served on the registered office of the company.
What do you intend to do with your shares in the company?
Kind regards
AJ
Customer: replied 1 year ago.

I will email him and also post a copy of the invoice to the registered office that will require a signature?

My ex lives in London

I hadn't considered what to do with the shares.In all likelihood he will run the business will go out of business shortly because he doesn't know how to run a business properly and it has been loss making for the last few months - a colleague of mine does the bookkkeepping

What is your advice re the shares?

Rachel

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I would just send it by first class post - that is sufficient for service.
The issue with the shares is do you want to keep them in a company where your ex fiance has all the control? Have you thought about selling them to him?
Kind regards
AJ
Customer: replied 1 year ago.

Hi Alex,

To be honest, I hadn't thought about the shares or selling them to him but it sounds like a very good idea! Presumably, it is a nominal fee that I would charge him (£1or 1p), or is there a formula that has to be followed?

Kindest regards,

Rachel

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
You have 25% of the shares in his company. If he builds up value in it you could have blocking stake and prevent it from for example securing future investment. Also you are owner of 25% so you beneficially own part of he company assets money and all.
I would only suggest it may be worth negotiating with him that if you can reach a settlement over payment you may be willing to sell him your shares.
Is the company still trading?
I look forward to hearing from you.
Kind regards
AJ

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