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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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An ex business partner invested in my business and at the very

Customer Question

An ex business partner invested in my business and at the very begining paid me wages from his personal bank account to me. He never told me it was a personal loan. It turned out he was taking money from the business without permission of the other directors and after a urgent boardroom meeting admited company gross misconduct and resigned. He is now taking me to court saying I owe him the money he paid into my personal bank account as he is now claiming it was a personal loan which wasn't the case. He took £63K from the business and is now trying to claim £13k. I have a court hearing on Tuesday to defend myself against the statutory demand. Is there anything I can do to help with my defence?
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
there was no written or verbal agreement that my wages were a personal loan. I have submitted evidence about his deception of taking money from my company but his solicitors are saying that is irrelevant to the fact I have received money from his personal bank account and that it was not a gift but a personal loan that he is demanding repayment. He invested in my company to become a director and share holder and my business partner agreed as he injected money into the business including my wages. I never told him to pay me via his personal bank that was just him who decided to
Customer: replied 2 years ago.
if it was a personal loan I would never have agreed to it as I am already in debt with credit cards and have a debt management scheme in place so why would i accept a personal loan from him?
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Yes, you can say there is a genuine dispute and it should be heard by trial not Statutory Demand.
There is a dispute as to whether it was a loan and indeed he admitted gross misconduct and resigned. The court would need to decide what terms you were engaged on and whether it was a loan or pay.
This is enough to get the statutory demand set aside.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Hi Alex thanks for the response. Would I say that at in a verbal statement to judge if I am given a chance to state my claim? I am representing myself in court and have no experience in the procedures.
Expert:  Ash replied 2 years ago.
Yes you would. Ideally you could send a statement but verbally is fine.
The Judge just has to be satisfied that there is SOME defence.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
When I applied to set aside the statutory demand I submitted a statement and evidence of his company misconduct and bank statements showing he was taking vast amounts of money despite saying he would only pay himself standard expenses. Would it be best to state there is a genuine dispute and a I believe a it should be heard by trial at the beginning before I begin my defence statement?
Customer: replied 2 years ago.
HI Alex I have accepted the live discussion via phone. what number should I call?
Customer: replied 2 years ago.
Hi Alex I totally forgot to ask you if the judges decision goes against me is there anything I can do/say? I.e appeal?
Customer: replied 2 years ago.
Hi Alex I totally forgot to ask you if the judge goes against me is there anything I can do I.e. Appeal? Thanks
Expert:  Ash replied 2 years ago.
Yes you can appeal if you lose.
Alex