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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was working in partnership with a friend in 2012/2014 as

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I was working in partnership with a friend in 2012/2014 as tilers and general DIY workers. In September 2013 we did a job for a customer - we went to see him and estimated 3-4 weeks work to renovate a flat. This was all done verbally and we were paid cash at the end of each week. After the end of week 2 the customer did not have the cash to hand and told us he would give us it monday when we returned.
However over the weekend he had our tools and equipment removed from site and then refused to pay us. He said our work was poor standard and unsafe (which was not what was said on the Friday previous) and we assumed he'd just found someone cheaper and wanted rid of us. We decided not to sue as he was a student and we would waste time and money on a claim we would never get paid back on given there was no paperwork or contract.
However since then he filed a claim against us for "damages and re-fit of work".Without going into the details of the case - we believe firmly we have no case to answer - my question is simple:
Our partnership was dissolved in February 2014, and we filed accounts with HMRC to 18-2-14 where we officially ceased trading with losses of in excess of £20,000. The claimant filed a claim on 29th August 2014 (for £10,000), long after we folded.
We have been summoned to court on 2-6-15 - i filed a defence on 30th August 2014 - should we attend court or can we simply inform them the partnership no longer trades, by letter, or just not attend court? Advice sought as i don't want a wasted trip to court which would create costs to myself
Hello my name is ***** ***** I will help you with this
Just to be clear it was a partnership, rather than a Ltd company?
Customer: replied 2 years ago.

Thanks Alex, definitely a partnership.

Its bad news. Sadly as you are NOT a limited company you are BOTH joint and severally liable. If you contest the claim you need to go to the hearing. Because the partnership has been dissolved does not mean you are not liable. You both are for the debts of the partnership.
I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
I am just following up to see if there is anything else I can help with?
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Customer: replied 2 years ago.

we've decided to go to court - thanks for your help

Happy to help