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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I used to run a partnership business with my ex-wife we are

Resolved Question:

Hi there I used to run a partnership business with my ex-wife we are still legally married but separated for 12 months. we broken up 26 of August 2015 and she stopped working as we ran an Acrobatic School and she used to coach with me she didn't want to honor and work on our 8 weeks acrobatic course so I had to do it myself and contract another coach, then in October 2015 she contacted me and said she wanted her name to be removed from the business as she wanted to claim benefits so on the 13th of october we filled the Natwest paperwork for removal of a part she filled her name and details, and we both signed the next page where the wording saying that we advise that the above part (in this case the above part was her) no longer hold a position within the business/organisation named on session 1. then we both signed and dated 13th of october 2015 time passed and I didn't heard from the bank about removing her from the account in the meaning time she was receiving benefits I believe as she told me.
the same forms have been filled a further 2 times I believe the last one in april according to the bank. thinking that she had been removed I carried on trading as normal and didn't notice any strange activity in my account and business went as normal again in the 11th of January 2016 we filled and signed another form what is an Agreement and instruction to transfer accounts again signed by both of us as account holders since they still haven't removed her name from the account. plus there was mensagens of here saying she wasn't a part of the business anymore and if she was she wouldn't be able to claim benefits, so after all the times we filled the forms and she saying she wasn't part of the business anymore I found out from the bank that I had to apply for a sole trader account. and the bank all this time was giving her access to the accounts even that she was no more working or trading but they left her as an account holder. I have a copy of the first mandate of removal of here where myself and her signed agreeing that she no longer hold a position and the agreement and instruction to transfer the account combined with her message saying she wasn't part of the company anymore I think this can prove that she left and wasn't part anymore.
yesterday she walked into the bank and withdrawn £5000 from the business account that money was to pay my staff knowing full well that she was robbing my money because she is not part of the business anymore and she left when we broke up in august 2015 now I need to recover this money as far as I know the bank given her access but it's my money as she left the company.
can you help?
Marcelo de Ramos
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Hello Marcelo my name is ***** ***** I will help you with this.
Was this a partnership or Limited company please?

Customer: replied 4 months ago.
Hi Jamie it was a partnership
Expert:  Jamie-Law replied 4 months ago.

Did you ever send a notice of dissolution or did she just leave?

Have Natwest said why they wont remove her?

Customer: replied 4 months ago.
no notice she just messaged me on facebook or email I will dig this up today saying she wouldn't work with me anymore and I tried to convince her to at least honor the 8 weeks course as we had people coming from different parts of the country and europe but she wouldn't do it and the in october she said for me to remove her name as she was no longer partner and she wanted to claim benefits.
Expert:  Jamie-Law replied 4 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

You need to issue proceedings against both Natwest and your ex.

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1742
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 4 months ago.
is there any documents that I can use to prove she left like the natwest paperwork they faxed to me today and the messages or email where she says she left etc as evidence? when you say losses like accounts etc?
yes Natwest didn't handle this well as they was not informing me and took month to inform me etc.

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