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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I owned a company outright and I agreed to let someone invest

Resolved Question:

I owned a company outright and I agreed to let someone invest in the business, but nothing was ever formalized. He was allowed to run the business due to him having businesses elsewhere. Before I new it, he had failed to send the annual returns to companies house. The closed the business, he then opened it in a different name, forged my signature making out that he owned my assets. Basically he flipped the business, there was no bill of sale to him and he then sold it. I have evidence of what he has done. What can I do?
Regards
Martin
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Martin my name is ***** ***** I will help you.
What is it you want to achieve?
Customer: replied 1 year ago.
I want the person in question taking to task in accordance with Common Law. He defrauded my brother out of his business and is now on the breadline. There was no bill of sale, nothing in writing, just what he that was the good nature of a customer that wanted to invest in my brother's business. Everyone we have spoken to have said that it is dreadfully wrong what this person has done.
Expert:  Ash replied 1 year ago.
How much do you want to claim?
Customer: replied 1 year ago.
The sale of my business that he sold MaxRecycling which included the customer base of approximately 400 customers. Companies House of all the details of my brother's business which was Blackpool Waste Management Services Limited, that was changed to Lancashire Waste Service. This is fraud at a high level.
Customer: replied 1 year ago.
Both my brother Mark and Me have lost a lot because of this individual thinking he is above the Law.
Customer: replied 1 year ago.
Hi AlexWe just need and some idea that we have a case.
Expert:  Ash replied 1 year ago.
What sum do you want to claim? Did you ever report it to the Police?
Customer: replied 1 year ago.
Yes we did, but they say have you sought legal advice, but we are struggling to provide the finances for the matter to be investigated. The business was worth a least £150,000 if not more. We just need to know if we have a case. I would have thought there was enough information for him to go to prison. He has flipped Mark's company and what he invested to out from our customer income.
Expert:  Ash replied 1 year ago.
Yes I think you have a case. This is:
1) Breach of fiduciary duty
2) Fraud by false representation
So yes, you do appear to have a claim.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do compensate you then 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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you