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  • Advice needed

    Hi Guys, not sure if this is in the right place. just wanted some advice. My sons girlfriend has had a 25% share in a small company with an ex boyfriend for the past 20yrs, he takes all the profits and pays her a wage. Both are directors and both are share holders although she only has 25%. Part of that share was a verbal agreement that she had a small car. Since she has been going out with my son her ex has caused so many problems for her. One issue is that her car was part of the perks of the business, it is a hire purchase car in her ex boyfriends name. He has paid the cost out of the profits of the company but has now has sent her a solicitors letter stating:

    she he has to return the car and pay all the money he has paid already £5559.00 plus the car as well, she also has to pay any shortfall to the hire purchase company once the car has been sold. He has quoted they have written the letter in accordance with the "practice direction on pre action conduct" contained in the civil procedure rules. In particular they refer her to paragraph 4 Concerning the courts powers to oppose sanctions for failure to comply with its provisions. She has never signed a contract and they state the hire purchase agreement was entered into as a direct result of an aural contract between her ex and herself. She was only paid a small wage given the hours she works, she was the manager but he has now taken her name off the banks despite her being a share holder. He has tried to scare her by sending letters stating he is closing the business.

    The car has been an accepted part of her salary within the business for the past 2 yrs. it is only due to her going out with my son he has decided to be difficult. Can anyone give any advice or guidance on what she can do. Many thanks Pezman

  • #2
    Re: Advice neede

    Just to say I've had a look but can't help. I will post to see if anyone can help.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Advice needed

      Sorry . like Cym i am none the wiser on this, she may need a solicitor on this as it seems rather tricky.

      good luck x
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: Advice needed

        while i may or may not be able to consider arguments to and against someones rights in regards to ltd company directors, i think its best left up to a solicitor, which is what i think you would benefit from greater than any advice i could give.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Advice needed

          Manu thanks for your time to look at this. I will tell them what you have advised and suggest they get a solicitor as suggested, again thanks to you all. Kind regards Pez

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