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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34271
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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There,See below email to divorce Sols, my question to

Customer Question

Hi there,See below email to divorce Sols, my question to you;Am living in corporate let with kids husband on bail awaiting trial for assaulting me.I want to stay in the house for 6 months given below do I have the right to stay and if so why?Thanks Caran1. Colin and I started the business in 2008 50/50 and originally I was the only director he later.Defect Resolution Ltd.
2. We struggled but kept at it.
3 As we got busier just over a year later, Colin asked his friend and ex-colleague to join the business one night when he was drunk. Offered him 50%.
4. Obviously I wasn’t amused and instead we set up another company Defect Resolution (FBL) Ltd, 45% Petyo 55% DR.
5. This company never traded.
6. We moved to London in 201 in the anticipation of starting work on the refurb of the Olympic Village however the start of this dragged on for quite a while and we weren’t in a great place financially.
7. Petyo continued to get paid pretty well and even at one point we gave him our own money. He was listed as a sub-contractor but was in reality a Shadow Director.
8. In October 2012 Colin was in a serious motorbike accident and after 2 operations was on very heavy medication. I had to work from home and look after him. Then in April 2013 he had a brain aneurysm and almost died. More hospital and drugs. I worked from home and looked after him until July 2013
9. We started the 2 big contracts in late 2013 but struggled to get paid on time.
10. Eventually we fell behind with our VAT and they sought to close us.
11. I made application for CVA with liquidators but even though I told them we had quite a bit outstanding in invoices they turned us down. Colin wasn’t mentally competent at the time due to all the drugs.
12. Liquidators advised to set up other company and go through procedure I sent you earlier re section 216/7 of the Insolvency Act known as whitewashing procedure.
13. We set up DR East Village at Colin request 40% him and 30% each for Petyo and I.
14. Petyo asked Colin was the company set up as before 55/45 and Colin lied and said yes.
15. Petyo found out and threatened to walk off site if the shares weren’t split 50/50 between the two of them.
16. I wanted to re-apply for CVA but Colin promised to get rid of Petyo within a few months (eventually April this year). The old company was liquidated in mid August 2013, the new one started July 2013. These are referred to as Phoennix Companies, but as we did the whitewashing and I was clear about the invoices o/s I don’t feel I have done anything wrong.
17. I agreed as long as the business was split in to two parts - I would work the part I did - Aftercare. So I started Defects Customer Service, 50/50 with Colin but Petyo found out and made more threats.
18. Per the email from James as part of the procedure the new company must buy the goodwill of the old one - so I did.
19. Petyo as a shadow director should have been whitewashed as well but wasn’t - pretty sure this is a criminal offence.
20. Colin had told one of the biggest and oldest clients (Firstbase)what he was going to do however the person he told was Australian and didn’t really understand.
21. In September the directors found out and hauled the two in to explain themselves. Up until that point they thought they were dealing with a subsidiary of the old co. They told them that I was in agreement with what had happened - nobody asked me.
22. They both then signed Deeds of Novation but as Colin wasn’t mentally competent nor a director of the second company he wasn't in a position to sign on behalf of the old co.
23. Petyo had no entitlement to anything as the company he owned never traded and he had continued to be paid as a sub contractor to the end even when there was no money (as a shadow director he shouldn’t have donethis).
24. Obviously the Olympic Village was huge and there was other significant goodwill which has culminated in a successful business.Since this happened Colin became more secretive about everything which is one of the reasons he has all the money in his name. This is what I know but not exhaustive;Cash ISA - NatWest - don’t know the account number.
NSandI Premium Bonds - ditto
Nationwide Account - might find an old statement.
NatWEst Current Account - can find this.
His M5 - worth about £85, 000
Land Rover (defo bought from personal account - need statements) £44,000
5 Series I drive but in his name £9,000
The money from the claim - there will be some in there for me taking care of him
House in Camberley jointly owned with his ex wife - was our family home for 3 years and where we started business. Not a lot of equity right now but is rented out and there will be.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat makes you think you cannot remain in the property for the time being?
Customer: replied 1 year ago.
I don't think just not sure. Let in new co but I intend to challenge rights as part of divorce.Also as all assists monies shares etc held by my husband both in his name the business I cannot afford all of the rent
Expert:  Clare replied 1 year ago.
Hi
Have you started divorce proceedings?
Clare
Customer: replied 1 year ago.
Just
Expert:  Clare replied 1 year ago.
Who is your current landlord?
Customer: replied 1 year ago.
Lives in Nigeria, has managing agent. Think they left London under a bit of a cloud
Expert:  Clare replied 1 year ago.
How long is left on the tenancy agreement?
Customer: replied 1 year ago.
1 year and 4 months in businesses name
Expert:  Clare replied 1 year ago.
When is it due to end?
Customer: replied 1 year ago.
End April 2017
Expert:  Clare replied 1 year ago.
HiThen there is no basis on which you can be forced to leave just because it is rented in the name of the business.It is your matrimonial home and you have the right to remain there -and can obtain an order allowing it if necessary.With regard to the financial side if your ex does decide to risk the company credit by defaulting on the rent then you can make an immediate applictaion within the financial side of the divorce proceedings for spouse maintenance to cover the rent.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks Claire, that's all for now
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well
Customer: replied 1 year ago.
Thanks
Expert:  Clare replied 1 year ago.
I would be very grateful if you could use the rating system - I only get paid for my time if you give a positive rating
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare,Realise I might need t pay again.My husband's criminal trial for assaulting me is 27th Jan - I'm starting to get stressed about testifying.I have found out that his first wife (who left him surrounding allegations of abuse) is providing a character reference and I think a few friends will provide statements that I abused him or similar.My daughter was an aural witness to my assault yet the CPS have yet to interview her and no-one has contacted me about other incidents to which there are witnesses - which I'm finding very confusing.The scene in the house is not bad evidence as far as I can make out but no-one is talking to me or giving updates.Have you any advice for testifying?Thanks Caran
Customer: replied 1 year ago.
Hi Clare,Can't see an answer?Thanks Caran
Expert:  Clare replied 1 year ago.
Hi
Have you not had any contact from Witness Support?
Clare
Customer: replied 1 year ago.
Yes, but nothing recently. Nothing from CPS
Expert:  Clare replied 1 year ago.
Hi
Have you also heard from Victim Support?
Clare
Customer: replied 1 year ago.
Yes but very little.
Customer: replied 1 year ago.
Actually no I haven't heard anything from Victim Support just witness
Expert:  Clare replied 1 year ago.
You are entitled to contact Victim support yourself for help - and the Witness service should also have given you a contact - they will help you - and you may even be able to visit the ocurt beforehandClare
Customer: replied 1 year ago.
I have been told by my step daughter that dad has persuaded her brother to make a statement of false allegations.I don't know what these are but assume they will be historical from when he lived with us - how relevant would these be considered?
Expert:  Clare replied 1 year ago.
Please try not to let these stories about what evidence is going to be brought - it is not your concern to worry about - and remember it may well be being done deliberately to undermine you
Customer: replied 1 year ago.
Step daughter on my side. I'd like to know if I'm going to be in a position if I have to defend myself. This is my frustration with police/cps not taking genuine statement from my daughter
Expert:  Clare replied 1 year ago.
You will no doubt face cross examination - but that will happen no matter what.You are not on trial and will give your evidence before any of his witnesses do - so there is no more cause for concern now than there was before.Please contact the Witness service as soon as posisble