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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I went into a business partnership Apr 15 in a veg shop put

Resolved Question:

Hello,
I went into a business partnership Apr 15 in a veg shop put my funds in of 5k and loan of 8k. But after 4 months i left as i couldn't get an income. When i left in Aug 15, i unfortunetly signed two documents he drafted totally to his benefit stating i left the business and he will pay me when he can the 5k back and
the loan 8k, he is paying reguarly every month.
i sent three recorded delivery letters round Mar 16 saying the document he drafted was to his benefit and should be void. but he said he didnt receive my three letters!
1). can i sell my partnership to someone else who will honour the £4200(£800 paid so far) plus the the remainder loan of £6800 and take me out of the business.
2). do i have a case to win this partnershio dispute. how many years or deadline i have left before i can submit a claim as i am unemployed currently.
Thank You
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you.

When did you sign the documents and when did you send these recorded letters?
Alex

Customer: replied 8 months ago.
I sent didnt agree recorded letters in march 2016. Business lease was signed in April 2015. When I left in august 2015 I signed his documents.
Expert:  Ash replied 8 months ago.

Why did you sign the documents? If you wanted to void it why have you waited since August until March before doing anything?

Customer: replied 8 months ago.
It was a family member I thought I could trust. Was hoping things would improve over time. When i asked him about repayments is when i realised he is messing with me.
Expert:  Ash replied 8 months ago.

The problem is you have signed the documents. Therefore a Court would, on any view consider them probably to be binding. You waited from August until March before trying to declare it void which is a significant length of time.

Therefore at this stage you cant sell your partnership because you have agreed that you have left the business. Sadly therefore I am of the view that you will be in difficulty.

All you could try and do is seek a Court declaration that the contract you signed was void.

You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The Court would list the matter down and decide after hearing evidence whether to declare it void.

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
I can't sell my partnership but he is running the business totally on my funds I must some right for claim. There would be no business without my funding. The recorded letters were sent within one year of contract. Does the law not give some sort of time limit. I haven't done after 3 years for example
Expert:  Ash replied 8 months ago.

You have signed a document saying you gave up the business

Therefore unless you seek a Court declaration to overturn that, this still stands.

I am sorry if that is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you? Alex

Customer: replied 8 months ago.
What is my time limit to overturn his document. As I am currently not working and not having sufficient funds in case it becomes costly. Till I get a job
Expert:  Ash replied 8 months ago.

6 years. Does that clarify? Alex

Customer: replied 8 months ago.
OK thanks
Expert:  Ash replied 8 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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