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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I have a company that when we first set up we did not have a

Customer Question

Hi,I have a company that when we first set up we did not have a bank account. So for the first 2 months we used a domant account of our new partner (Tony Gould)
I and my partner (***** *****) own 60%, Tony Gould 16.5% ***** *****kely 16.5% (she is Tony Gould's partner) and James Lord 7%.
We had long been thinking that Tony Gould had been stealing money from us in June 2015 we confronted him with this and he tried to justify where £17,000 had gone of the £29,000 we alleged was missing.
He justified that he gave ***** *****kely over £3700 towards car payments from October 2014 and April 2015.
In October 2015 we sacked Tony and Caroline for gross misconduct.
We started a civil case against ***** *****kely to recover the £3700 that Tony agreed he'd misappropriated and given to her.
The reason we didn't take any action against Tony is that he was being investigated by the police for fraud and theft.
When we went to court the judge told us that we we taking the wrong person to court. We then tried to get Tony added to the case and paid extra money, gave supporting evidence and did not hear anything further.
We have now heard that the judge ruled against us and did not add Tony to the case as we (nor them) were present.
We didn't get any notification of this case. We have written and emailed the court with no reply
We now have our case on 19th September when the judge is likely to tell us as he did in April that we're taking the wrong person to court.
What to do?
Thanks
Elliott
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
please continueWith thanks
Elliott
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 10 months ago.

1. The solution to your situation is quite simple. You now sue Tony Gould for the money he misappropriated. There is no time limit on fraud, so you are still within time to sue him and to recover all the monies taken from him. You can attempt to amend your case against ***** *****kely to raise the issue of unjust enrichment rather than fraud. However, as the judge has already taken a dim view of your proceedings, you might be well leave them where they are. Or discontinue.

Expert:  Buachaill replied 10 months ago.

2. Your solicitor will have to judge whether it is likely you will be allowed to amend your proceedings at this stage to sue ***** *****kely for unjust enrichment. However, you should at least attempt to do so, before you give up.

Expert:  Buachaill replied 10 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.