How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ross Miller Your Own Question
Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 809
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
106205234
Type Your Law Question Here...
Ross Miller is online now

Just wondering how I stand with a claim against a person I

This answer was rated:

Just wondering how I stand with a claim against a person I set up a limited company with, we bought a coffee machine on finance three years ago, we never made any money on the business and closed, I paid the payments personally for the last three years, I’m asking her to help pay off the finance as don’t want to keep paying the payments. I payed the payments personally as I knew she had no income. I know she has had a big divorce payment and is reluctant to halve the settlement. I’m wondering now if I can claim back the half the three years payments I have made totalling £5,000
Assistant: Where are you? It matters because laws vary by location.
Customer: Cumbria uk
Assistant: What steps have you taken so far?
Customer: Just messaging her
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The machine is on finance, I still have it as the other person walked away from the business, I tried to keep it going on my own but couldn’t make it work

Hello my name is Ross and I can help with this matter.

Customer: replied 6 days ago.
Thank you
Customer: replied 6 days ago.
Sorry, everyone’s in bed
Customer: replied 6 days ago.
Just need to know if it’s worth following up with a solicitor, she was under the illusion the finance was under the limited company but it’s personal in both our names, she just walked away and never made any attempt to pay anything

I would suggest that this is a contractual matter. If, for example you are 50/50 partner's in the business, then you can argue that she is liable for 50% of the cost of the machine. If she refuses to pay then you can take a small claims action against her. However, what you will have to consider is if you can show that she should have been liable for up to half of the cost of the machine. Whether the hire purchase was in your name, both your names or in the business name. If it was solely in your name then you are going to find it slightly more difficult that she should be liable for half of the payment. If it is in the business name then you argue that you are both equally responsible for this cost as directors of the company. This will, of course, depend on your owns situation. I would advise writing to her and advising that you are seeking 50% of the cost of the machine and if no offer is made, or the letter is ignored then you will be intimating legal action. I would look at doing this yourself prior to paying for a solicitor to follow it up as this can become expensive.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 3 other Law Specialists are ready to help you