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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I am a small business owner and a sole trader. My ex

Resolved Question:

Hi, I am a small business owner and a sole trader. My ex business partner is making ridiculous allegations against me that I cheated and stole money from her although there is no evidence of this and it is untrue. The business was set up in 2009 with a small investment of £250 each and my parents loaned me almost £17,000 and have given me approximately £9,000 each year since for cash flow. My ex business partner showed no interest in the business from 2010 until the end of her partnership in 2014. She did not contribute investment, time or revenue. Now she is claiming that she should have a share of the money being repayed to my parents and is making all sorts of wild allegations about my parents. I have spoken to an independent tax advisor and a small business owner, both of whom have agreed that there is nothing wrong with my business financial accounts and that they are "squeaky clean"! The problem now is that my parents are receiving abusive texts and messages from members of my ex partner's family and are finding it very distressing. What would be the best way to put an end to this situation? Thanks.  I forgot to mention that my ex business partner has taken copies of our bank statements and distributed these among members of her family who in turn have distributed them elsewhere. This makes me very uncomfortable as surely this is confidential information. Thanks

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
For the avoidance of doubt, is this a limited company or a partnership?
Customer: replied 2 years ago.

Hello - it was a partnership and I am now a sole trader.

Expert:  JGM replied 2 years ago.
Thanks for clarifying. What that means is that the capital you have put in to the business via your parents is to the credit of your capital account and not the retiring partner. The retiring partner is due her capital account based on capital introduced plus profit share less drawings.
As far as her behaviour is concerned your remedy is to write to her demanding that she cease and desist from her current behaviour and from showing private paperwork to whoever she thinks she can show it to. If she does not stop you can instruct your solicitor to go to court for an order preventing her from acting in this way and from threatening you by sending texts etc and other messages to you and your family. The order you are looking for is called an interim interdict. If you also tell her you will ask the court to make her pay the costs of the action that might be enough to to make her stop. The last one of these I did cost several thousand pounds.
I hope this helps.
Happy to discuss further.
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