Science0 min ago
Wife buisness partner stolen money owed to customers
6 Answers
My wife and her friend run a caravan rental buisness. these caravans belong to private owners.
Now the season is over money which is owed to the owners is now being payed out but the wife has noticed that there's not anothe money to pay out.
we beleave her friend hasn't payed any money in from bookings she has taken and is refusing to take phone calls reply to text and e-mails about paying it ink
Because my wife has done her job right and banked all money taken she has nothing to hide and is speaking to the owner's but some are talking about going to the police .
Is there something she can do to protect herself from what her friend has done as i don't fancy paying out for something her friend has done.
Now the season is over money which is owed to the owners is now being payed out but the wife has noticed that there's not anothe money to pay out.
we beleave her friend hasn't payed any money in from bookings she has taken and is refusing to take phone calls reply to text and e-mails about paying it ink
Because my wife has done her job right and banked all money taken she has nothing to hide and is speaking to the owner's but some are talking about going to the police .
Is there something she can do to protect herself from what her friend has done as i don't fancy paying out for something her friend has done.
Answers
Your wife and her partner have 'joint and several' liability to their creditors. That means that anyone who is owed money can jointly sue both of them or simply 'go for the easiest target' on her own (which appears to be your wife).
So your wife might well be forced to pay out because of her partner's failures. If so, all she can (under civil law) is to sue her...
So your wife might well be forced to pay out because of her partner's failures. If so, all she can (under civil law) is to sue her...
19:49 Fri 05th Nov 2010
Bit late I know but the answer is to be more careful about who one enters into partnership with. Choose your business partner more carefully than you choose your bed partner!
If you do go into partnership take advice on making the procedures watertight to prevent just such an occurance as this.
All documents should require both signatures as should bank transactions.
It should be easy enough to match incoming monies with the rental documents.
If you do go into partnership take advice on making the procedures watertight to prevent just such an occurance as this.
All documents should require both signatures as should bank transactions.
It should be easy enough to match incoming monies with the rental documents.
Your wife and her partner have 'joint and several' liability to their creditors. That means that anyone who is owed money can jointly sue both of them or simply 'go for the easiest target' on her own (which appears to be your wife).
So your wife might well be forced to pay out because of her partner's failures. If so, all she can (under civil law) is to sue her partner to get back the money. So she might need this link:
http://www.hmcourts-s...bout/claims/index.htm
In practice your wife's best option might be to go to the police herself and then to write to the caravan owners, explaining the situation and assuring them that she will seek to get her partner to pay up. Doing so (and thus showing that she's on the side of the caravan owners) might reduce the chances of her facing aggressive legal action from them.
Chris
So your wife might well be forced to pay out because of her partner's failures. If so, all she can (under civil law) is to sue her partner to get back the money. So she might need this link:
http://www.hmcourts-s...bout/claims/index.htm
In practice your wife's best option might be to go to the police herself and then to write to the caravan owners, explaining the situation and assuring them that she will seek to get her partner to pay up. Doing so (and thus showing that she's on the side of the caravan owners) might reduce the chances of her facing aggressive legal action from them.
Chris
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