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 Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

My ex husband and i own a limited company together each equal

Resolved Question:

My ex husband and i own a limited company together each equal share holders him being the MD. When we got divorced he threw me out of the company. He stopped all payments . I retained the company car i was using. Having no money ( he refused paying maintenance despite court order) i sold the car to pay for food and solicitor's bills. He has been clearing the company's accounts and in trading through a shadow company. Now he is sueing me for the selling of the car. Saying i have a liability of 24k to the hmrc the car was worth 14k. My family lawyer did advised me to sell the car. The company has also moved offices my ex is refusing to share the new location or any account details ledgers profits and so on. I have no money for a solicitor what can i do ?
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. When you send him letters demanding information about the company does he actually respond? https://www.gov.uk/get-information-about-a-company Have you checked on companies house for the new company address? Do you know the name of the shell company? I look forward to hearing from you. Kind regards AJ
Customer: replied 1 year ago.
My 3x Husband was violent to me in the past. So no he did not respond. On companies house there is still the old address and there is our other company which i had no shares in but he has 90 so it should also have been in the divorce mass. I thi k he might use that company too to hide money. Our old staff were sacked and re employed by the shadow company. The old company accountant has bern instructed not to give me any info. I know the name of the dhadow company. My ex claims that our main company is bust and that hmrc is ready to wind it up. I have evide ce that my ex took large amounts out of the funds not declaring it to the tax he wrote fake invoices. The claim of the hmrc dates back to 2004 for underpaid nic. I was not even involded in the company back then . Plus the car he claims is the reason for this was purchased in 2009 and only passed to me in 20012 sold by me in 20014. After he threatend to kill me if i return to the company in 2012 i have not received anything .
Customer: replied 1 year ago.
Oh forgot to say hello AJ ( where are my manners) but I am stressed and tired and worried. So if I dont make any sense my apologies. Just dont know where to start.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. No problem, I understand - I will help you in anyway I can. If HMRC did put the company into liquidation it would closely scrutinize why he transferred all the assets to a new company - if he had done so unlawfully this transaction could be unwound. Can you confirm were the company assets mentioned in the divorce proceedings? Are you a director of the company? Kind regards AJ
Customer: replied 1 year ago.
Hi Alex
Yes the car was always a sore issue. He has demanded it back from day one. In the MPS hearing the judge granted me use of car. And the judgement for first sum of 7k backpayment of maintenance. He took that 7 k out of the company labelled it MPS. He also had his bill of 15k for a private detective following me and my children and traveling to germany paid by the company with the reasoning the company would benefit of him having a clear name. ( police investigated for abuse )
I am not a director I am the companies secretary and the 50 percent shareholder. This is ongoing since 2013 . Nothing has been settled . Although we are divorced the assets have not been dealt with. The company is trading by getting purchase orders of the other comoany the paying all costs for the work then billing the other company for a nominal fee. Hence showing a big loss. The other company that i am not a shareholder of has about 250k in the bank .
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. As a starting point you need to collate some evidence. I would write to the accountant and company banker and demand a full disclosure of all company financial information, you said the accountant is refusing to co operate so say the following to him:- He is potentially interfering in your divorce;- Say you believe that your ex has transferred assets out of the company and ceased trading without your permission as a 50% shareholder;- Say the company is deadlocked, and if the accountant does not help you, you will assume that he is complicit in trying to prevent you from recovering assets and value in company to which you are legal and beneficial owner.- Say further non compliance and you will not hesitate to report him to his professional regulator. - Say if he will not co operate you also reserve the right to recover the costs you incur in pursuing this matter through the courts.Unfortunately the only way you will make any progress is to sue your ex. In order to do this, you will need evidence. The accountant is key to this, but thinking practically is there any other way you can collect evidence? Will any of the employees assist you?Once you have financial information you can potentially look to sue him for the way he has been running the company and force him to compensate the company for its lost value, but again this would have to be done in court and therefore something you will have to consider pursuing as a litigant in person?If you did not want to go through the civil route and just want to make lifer difficult for him, you could report his actions to the police www.actionfraud.police.uk/ - but again you wont be able to do this until you have tried to collect some evidence.If you have the name of the shadow company can you search on Companies House and look at its annual accounts - this will at least confirm where it has obtained its assets from?I look forward to hearing from you.Kind regards AJ
Customer: replied 1 year ago.
I have had a forensic accountant look at it back in 2013 he provided the evidence with these transactions mentioned the company shows also a increase in suppliers cost and huge decrease in profit. As in gone down to nothing billed out to clients . After that i have writen to the company accountant who has informed me that the MD my ex has not authorised any details to be released to me and without court order they will not release anything. The employees are scared of him he is violent and a bully. I have also witnessed insurance fraud done by him using the company and was threatend that he would harm ne if i dont keep my mouth quiet. I am sure you getting the picture of this now. My ex now wants to recover the last asset which is our house. I am backed into a corner. He even convinced the csa that he earns only £597 a month. But drives a Merc m class run by the company. He displays a lifestyle of a very succsessfull business man. Like i said he is using some Suppliers ( not vat registered ones) then changes invoice amounts and invoice details making things up then drawing the money cash)
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Have contacted these so called "suppliers" to confirm whether the costs did actually increase costs? The incidents of physical harm have to be dealt with by the police. Have you tried contact the company bankers? Kind regards AJ
Customer: replied 1 year ago.
Yes i did contact the bank they said i have no right as i am not a director and he is the MD and has blocked all my access. He did that 2013 . My family lawyer has always told me not to do anything and forget the company . As i would get the house he advised me to sell the car because he wanted the profits to pay his invoices. Now they want to charge me more dealing with the aftermath. My ex got away with the physical violence regardless of admitting them in court at the family hearing. The cps has never charged him. I hold no hopes as a domestic violence victim. Too long have the kids and me being going through the system tryinv to get some sort of justice. Bitter lesson to learn. Question is do the accounts provided by the forensic accountant hold as evidence to do something even tho they are dated 2013 ? The suppliers which are normal wholesale electrical parts and companies such as teco and mitsubishi also rittal will not give me copies of their invoices issued to the company i tried.
Customer: replied 1 year ago.
The non vat registered dont either . I could point them out if an investigation is launched
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Yes they absolutely would be used as evidence, especially if 2013 is the date when the assets were dissipated. If you submitted this in court, your ex would be obligated to address any of the issues it raised. Does the informality actually show that he dissipated the company funds because supplier invoices suddenly went up? This in itself is fraud.
Customer: replied 1 year ago.
Is taking funds to pay private bills fraud too ? And Maintenance ? If not declared as directors dividend or directors loan. As far as i recall if he draws dividend i am entiled to the same amount. And can you clarify why he claims that i have to pay 21000 k in outstanding hmrc contributions back dating to 2004 if the car was purchased in 2009 ? And inly jssued to myself in 2012 He also took the liberty to declare my self assesment showing me having a dividend. I was not aware until last year until the tax started chasing me for this. I explained what happened they yet put me on a collection tax code recovering my " outstanding tax " is it not fraud declaring a self assesment in anothers persons name without any consent ?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Potentially it could be fraud if he is doing it without recording and stating the transaction is something it is not (i.e a supplier payment). Have you seen the demand from HMRC? I would be surprised if they claim anything from 2009 let along 2004 - they tend not to go back further than 6 years. Yes - it would be fraudulent to file a tax return posing as the representative of someone else.
Customer: replied 1 year ago.
Thank you so very much for these answers. You have been a great help . I will get in contact with the hmrc and ask to see the demand.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you I wish you the best of luck. If I can assist any further please let me know. I would be most grateful if you would rate my answer. Kind regards AJ
Alex J. and other Law Specialists are ready to help you