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Hi I post a brief outline of my case!
I was looking to go into business with someone (not someone I new very well) but the business model looked right and so I paid him £5k with a further £20k for a 25% share of his business and a Directorship. After paying the initial £5k we started to discuss work practices etc and started to work together. Then I asked for the share certificate details and for an agreement between us to be put in writing. He then decided he didn't want to do that as he didn't like using solicitors as it cost money he also says in writing to me (emails) that he didn't like solicitors and he wanted to avoid the tax man. I started to get very wary of him and said I wanted to get this sorted before I paid any further monies. He instructed his accountant too insipid the share certificate but nothing ever came to me. She said he never signed any agreements for her to go ahead and issue such paperwork so she couldn't. So I told him I was out.
I have emails frohim throughout agreeing that if I pulled out he would refund my initial £5k and that if I did I would be bounded not to discuss his business details. He then went to ground. I asked him to go to mediation he refused and has since refused to send my £5k back. I might be stupid I hear you say and I guess I am but we both work in an industry where we have to be consider to be "fit and proper people" so I thought we could trust each other!
I raised a small claims court stating I wanted my money back or the minimum share option all of which I have him saying he would do (emails) and have sent these copied to the Court. The Judge has come back with and order:-
The claim is stayed on the grounds that the claimants statement of case (I've only done a defenece of a counter claim and statement of truth) discloses no causes of action against the defendant. Unless by a certain time I file with the Court and serve a copy to the defendant a further statement of case that discloses accuse of action against the defendant, the claim wil stand and be struck out.
What more can I send them. They say I have sent inadequate particulars of claim.
My question is what else am I supposed to send them???? Any thoughts help greatly appreciated. I'm my eyes it basically I've been a bit naive and he's taken money by defraud ? Thanks for reading""
I was looking to go into business with someone (not someone I new very well) but the business model looked right and so I paid him £5k with a further £20k for a 25% share of his business and a Directorship. After paying the initial £5k we started to discuss work practices etc and started to work together. Then I asked for the share certificate details and for an agreement between us to be put in writing. He then decided he didn't want to do that as he didn't like using solicitors as it cost money he also says in writing to me (emails) that he didn't like solicitors and he wanted to avoid the tax man. I started to get very wary of him and said I wanted to get this sorted before I paid any further monies. He instructed his accountant too insipid the share certificate but nothing ever came to me. She said he never signed any agreements for her to go ahead and issue such paperwork so she couldn't. So I told him I was out.
I have emails frohim throughout agreeing that if I pulled out he would refund my initial £5k and that if I did I would be bounded not to discuss his business details. He then went to ground. I asked him to go to mediation he refused and has since refused to send my £5k back. I might be stupid I hear you say and I guess I am but we both work in an industry where we have to be consider to be "fit and proper people" so I thought we could trust each other!
I raised a small claims court stating I wanted my money back or the minimum share option all of which I have him saying he would do (emails) and have sent these copied to the Court. The Judge has come back with and order:-
The claim is stayed on the grounds that the claimants statement of case (I've only done a defenece of a counter claim and statement of truth) discloses no causes of action against the defendant. Unless by a certain time I file with the Court and serve a copy to the defendant a further statement of case that discloses accuse of action against the defendant, the claim wil stand and be struck out.
What more can I send them. They say I have sent inadequate particulars of claim.
My question is what else am I supposed to send them???? Any thoughts help greatly appreciated. I'm my eyes it basically I've been a bit naive and he's taken money by defraud ? Thanks for reading""
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