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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I am in a dispute with a former business partner over the

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I am in a dispute with a former business partner over the ownership of business equipment. I dissolved the partnership and offered to discuss how best to divide the business assets (namely the equipment we purchased). My partner has issued me with a solicitors letter in which he claims he owns everything and has receipts to prove ownership which were forwarded to me in a bundle of documents accompanying the solicitors letter. The most expensive piece of equipment cost £5300 which my partner purchased for the business and was used exclusively for the business but he paid for this from his own bank account, not the company's. I had however deposited my half of the equipment cost into the business account as we had agreed that how it should have been bought. At the time he refused to provide the receipt for accounting purposes (I did the accounts). The copy I have been forwarded is a poor copy, barely legible, and bears my partner's name as the customer with no mention of our business name. Being suspicious I contacted the equipment manufacturer direct and they forwarded to me a copy of the original receipt. The original receipt bears the name of my partner followed very clearly by our business name. The receipt has been doctored and the business name completely removed. I am being threatened with formal proceedings if I fail to agree he owns the equipment outright which he does not.
Does the falsifying of the receipt constitute fraud?
Do I disclose my original copy now and let his solicitor know that he is falsifying receipts?
Do I say nothing and ask for duplicate receipts as some of those forwarded are poor copies and then disclose that I have a copy of the original?
Submitted: 6 months ago.
Category: Law
Expert:  Jamie-Law replied 6 months ago.

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

How do you know it was been forged please?

Customer: replied 6 months ago.
Original receipt obtained from manufacturer states customer as "Rob Baldachin, UrbanSmokehouse, However, receipt copy presented by my former partner to his solicitor has had the name 'UrbanSmokehouse' removed in an attempt to conceal the fact that it was indeed purchased as business property and not solely the property of my former partner. See attached photos.
Gary
Expert:  Jamie-Law replied 6 months ago.

Does the falsifying of the receipt constitute fraud?

Yes it could be fraud by false representation
Do I disclose my original copy now and let his solicitor know that he is falsifying receipts?

Yes. You cant just sit on this and raise it later, as it is fraud it is better you disclose it now.
Do I say nothing and ask for duplicate receipts as some of those forwarded are poor copies and then disclose that I have a copy of the original?
You could do that but then when you have the receipts you need to raise the issue of fraud with the Solicitor.

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
When you say 'could be' fraud what do you mean?
How could my partner or his solicitor defend this 'fraudulent" act?
Could they say, for example, it was just a poor photocopy, or merely an oversight and that no misrepresentation was intended?
Kind regards
Gary
Expert:  Jamie-Law replied 6 months ago.

Fraud is making a false representation which turns out to be false.

It wont be the Solicitors fault as I am sure they are acting on instructions.

They could argue it was a poor copy but you can get a document examiner to look at it to confirm its forged.

Does that clarify Gary?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2568
Experience: Solicitor
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