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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need some advice

Customer Question

Hi, I need some advice
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Hi, ive recently started anew taxi firm and after a few weeks my business partner has quit.
He invested some money which we used on the infrastructure of the company.
He took with him one of the taxis and is refusing to give it back. The car is registered to the company but I personally took the finance out on the car. I have contacted the police to get it back but they are saying it is a civil matter.
He seems to be doing his utmost to shut us down as he feels if he's walked away and lost his money, so should i.
Expert:  Ash replied 11 months ago.

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

Was this a ltd company?

Customer: replied 11 months ago.
Is the cost of the call additional to the £38
Expert:  Ash replied 11 months ago.

If you want that yes. Some people prefer to talk to someone

Customer: replied 11 months ago.
If the total cost is £44 then happy to talk. If it's on top of the £38 then happy to message
Customer: replied 11 months ago.
it's a LTD company
Customer: replied 11 months ago.
However I am the only director as the partner was not credit worthy so we had to take him off the directorship in order to obtain a bank account
Customer: replied 11 months ago.
He is also not on the bank account and no contract was ever signed between us
Customer: replied 11 months ago.
The reason he quit was because he basically didnt want to work although I had warned him it would be long and unsociable hours for the first few months
Customer: replied 11 months ago.
He also broke into the office after quitting (he still had keys) and took paperwork and equipment away to stop us functioning. Found out since he had an alternative plan to do something on his own.
Customer: replied 11 months ago.
I need to go out in a bit, may have to read your reply later if you are busy.
Expert:  Ash replied 11 months ago.

Is there a shareholder or directors agreeMent?

Is he still a shareholder?

Customer: replied 11 months ago.
Nothing was ever set up. An agreement was drawn up before the launch when there was going to be 4 directors. He drove one of the perspective directors away with his aggressive attitude and the other left before launch as didn't hav enough time to dedicate to the start up. The original agreement was never signed.
Expert:  Ash replied 11 months ago.

Is he still a shareholder?

Customer: replied 11 months ago.
He never was a shareholder
Expert:  Ash replied 11 months ago.

So you are the only shareholder?

Expert:  Ash replied 11 months ago.

So you are the only shareholder?

Customer: replied 11 months ago.
Expert:  Ash replied 11 months ago.

You want the car returned, is that what you want to achieve?

Customer: replied 11 months ago.
I need the car back as it needs to be on the road earning money. He is also not insured to drive it but I know he is. I also need to know what position I am in overall. Although he hasn't put any effort into being part of the company which was the original agreement has he got any claims to anything legally. The company is in a bad shape due to his bad decision making and his laziness so there is no money for him to have not that he deserves anything for the position he has put my company in.
Customer: replied 11 months ago.
The police said I should write to him asking him for the car back within a time frame. Ony after that could they possibly act. Personally I don't want to tip him off i'm getting the police involved as there is a good chance the car will be damaged or disappear.
Expert:  Ash replied 11 months ago.

Ok. It's an asset of the company. He must return it, if not then technically it's theft. Also you could sue him for return of the vehicle and claim loss and damage.

He has no claim legally if he was not a director shareholder.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 11 months ago.
Thank you Alex. As he is not officially a director or does not have a contract of any kind does he have any hold over the company or can he try to get his investment back although we have no money? Also the police have said they will only help get the car back if I put it in writing that I want it returned. Should I follow this advice although I'm worried the car may disappear?
Expert:  Ash replied 11 months ago.

Yes put it in writing you want the car back and get the Police to take action.

Or you can take it down the Court route.

Does that clarify? Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Alex, followed your advice but the police do not want to get involved. Still have no car back. I forget to mention I asked him to copyright our logo which he said he done in both of our names. If he done it just in his name could it affect me?
Expert:  Ash replied 11 months ago.

You will need to seek a Court order for return in that case sadly.

Alex

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