How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I purchased a business from someone who was retiring

Resolved Question:

Hi
I purchased a business from someone who was retiring back in June 2015. The business was a milk delivery business which included the sale of the two delivery vehicles as well as the good will of the business. There were no other items included in the sale (ie premesis etc). I paid the individual in June by cheque which cleared successfully. The individual agreed to 'stay on' with me for a few weeks to hand over to me and train me etc. Unfortunately, one of the vehicles he had sold me had mechanical issues so he sent it to a local garage for repairs. We had to borrow a vehicle from our supplier to continue making deliveries. The individual would not however sign the other van over to me to insure etc until he had the other can out of the garage as he claimed they are both insured together etc. A week went on and it became apparent that the individual did not agree with some of my business decisions and was being difficult all the time. Another week went on and the van came back from the garage, only for the other can to develop problems so that had to go into the garage. We had other issues too such as the rent was doubled on the premesis I was renting, loosing all the supplier discount I was getting on newspapers etc so the business was not going great! After a long hard think I decided I wanted to sell the business to another milkman as he was in a better position and more experienced to run it. The individual who sold me the business was not at all happy and decided to 'take back' the two vehicles he had sold me. He had never given me any paperwork to them etc and as mentioned before he wouldn't let me insure them or sign them over to me until both vehicles were back on the road. This left me with a delivery business with no vehicles! The person who wanted to buy the round lost interest when I didn't have the vehicles and I ended up having to hire a van to complete deliveries to my customers etc. In the end, we started loosing customers as I could not do two milkrounds on one van which was costing me £250.00 a week. I had to stop delivering as I could not cope having no vehicles. The individual also advised my customers NOT to pay their milk bills so I am left with nothing! Is there anything legally I can do? Can I sue him for crashing my business? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you
Did you have any form of written contract with this person please ?
Customer: replied 1 year ago.
Hi AlexNo I don't. I did ask him for a receipt etc but he didn't give me one. He was a family friend so I thought we could trust him.
Expert:  Ash replied 1 year ago.
So in essence the business failed because he didnt sign this other vehicle over?
Customer: replied 1 year ago.
It failed because he took the two vehicles off me, meaning I could not continue making deliveries to my customers.
Expert:  Ash replied 1 year ago.
Ok, but it was agreed they would be part of the deal?
Customer: replied 1 year ago.
Yes it was agreed. When he took them away from me he denied they were part of the deal but he has since then admitted they were part of the deal.
Expert:  Ash replied 1 year ago.
How much did you pay for the deal?
Customer: replied 1 year ago.
£8000.00. He said £7000.00 for good will and £1000.00 for the 2 vans.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund 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 not refund 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?
Alex
Customer: replied 1 year ago.
Thank you for your response. I did write him a letter requesting the return of the two vehicles or the cash equivalent plus the £250.00 I had to pay for the hire van. I sent this recorded delivery. I had a response last week from his solicitor stating he had sold one of the vans but could have the other one if I paid him £2400 for repair costs. I did not authorise for them to go into the garage. He did state however that for I stopped any further pursual to recover money he would give me the one van and not charge me for the repairs. My final question is can I sue him for anything as its my belief that he ruined my business because he took the vans that I had paid for off me? Can I claim damages? Loss of earnings? Anything like that?
Expert:  Ash replied 1 year ago.
You can claim damages and loss of earnings. If you can keep the claim below £10,000 its a small claim.
Does that help?
Alex
Customer: replied 1 year ago.
What happens if it is over £10,000?
Expert:  Ash replied 1 year ago.
Then it is what called a fast track trial. This means the losing party pays the other sides legal costs, its a formal Court rather than a small claim.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you
Expert:  Ash replied 1 year ago.
Good luck!
Alex
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and 2 other Law Specialists are ready to help you