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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
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I have a client who was bought out of a Limited Company 6

Resolved Question:

I have a client who was bought out of a Limited Company 6 months ago. My client hired a skip during the cessation of his shareholding, to get rid of cardboard he and the other SH had accumulated over a few months.
This was from a joint decision to hire the skip in November 2015.
The actual hire did not commence till February and was only used by my client to dispose of rubbish from that company. It was not collected by the hire company until July this year, even though my client has been calling them since March to get it collected.
The other SH is now claiming no knowledge of the hire and is refusing to pay the charges.
They have accessed my client's phone records to determine when he called the Skip Company, and in doing so identified my client has spoken to customers of the business (who have called him) and are now charging him with breach of contract from the buy-out and suggesting he repay the 'goodwill' gesture paid to him at the time he sold his shares.
What can we do about the skip? And s there any way we can safeguard my client from any future harassment from the other SH?
With kind regards
Helen
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:

(i) How much are the skip company claiming?

(ii) Is the only evidence the other shareholder has the phone records?

Customer: replied 1 year ago.

Hi

The skip company are charging £370 in total and yes just phone records

Many thanks in advance

Helen

Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I will deal with each point in turn:

(i) In relation to the skip company, the date you put them on notice to remove the skip really you should not be liable for any further charges. If you put pressure on them and say you put them on notice and therefore require a discount, I am sure you will be able to negotiate one. That said I would then pay this once a price is agreed, as the invoice and service was requested by your client personally and you do not want them to start interfering with his credit score. If he then wants to recover the money from the company - he could just sue them in the county court if they refuse to pay on the basis that this was a service for company solely - he will need some evidence to show this, does he have any recollection Company of how they agreed to pay for the skip?

https://www.moneyclaim.gov.uk/web/mcol/welcome

(ii) Harassment by the limited company. I would write back to the limited company and say you deny any breach of restriction placed on your client. Say phone records are not conclusive evidence that he solicited any clients in breach of his commitment to the company. Say if they continue to pursue him for money he reserves the right to:

(a) Deem it unlawful harassment under S.40 of the Administration of Justice Act 1970 - which is a criminal offence;

(b) You will vigorously defend any claim and hold the company responsible for any costs incurred in defending the claim.

I look forward to hearing from you.
Kind regards AJ

Customer: replied 1 year ago.

Hi Alex,

This is fabuloys, thank you.

It is actually the Ltd Co my client was involved with who are being charged for the skip. He ordered it to clear the rubbish at the of hos time as a shareholder, and they then just did not collect even though he called them frequently!

I have suggested the Company being cgarged take this up with the Hire Co. So will await their response.

Thank you for the other information too, it settles my clients mind as the whole situation at the time was mentally draining and we don't want threats causing problems.

Helen

Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If i can assist any further please let me know. In the mean time I would be most grateful if you would rate my answer? Kind regards AJ

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