Advice/help please?

[sherrardk]

A and B are in a business partnership together although there is no formal Deed of Partnership. They trade as ABC. As ABC they undertook a job that they had quoted for etc. The did the job for Mr Smith on 1 of May. Over the weekend of 4, 5 and 6 of May A enters their business premises and clears it out, stops bank accounts, etc (presumably this dissolves the partnership?). On 8 May A returns to Mr Smith and asks for payment and asks for the cheque to be written to himself, not ABC. Is this a criminal act? Thanks for any help.

[Buenchico]

It would probably be extremely hard (or probably impossible) to PROVE criminal intent.

Firstly, the CPS would have to show that A intended to PERMANENTLY deprive B of property belonging to him. A could simply say that he was making some temporary arrangements, to the way things were run, while awaiting a settlement of a dispute with B.

Secondly, there's a statutory defence to a charge of theft:
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person"
A could simply say that he genuinely believed that B owed him a great deal of money, and that he was simply taking what was owed to him. (As long he genuinely believed that he had the right to take the goods and money, even if that belief was ill-founded, he could not be convicted of theft for taking it).

Chris

[sherrardk]

But doesn't the fact that A asked Mr Smith to write the cheque directly to himself, rather than the firm that had done the job and quoted for the job as ABC have any effect? (Sorry, I know you are not a lawyer.)

[Buenchico]

Specimen statement from A:
"The ABC partnership owes me a great deal of money. Far more, in fact, than the amount which was due to ABC from Mr Smith. I received the money from Mr Smith on behalf of the ABC partnership but, in order to avoid unnecessary bank charges, I asked that the cheque be written to me as I was entitled to take all of that money from ABC's account in partial settlement of the debt owed to me".

As I've written above, if 'A' GENUINELY BELIEVED that he had the right to take the money (even if a civil court later ruled that he was not entitled to it) he could not be convicted of theft.

[sherrardk]

Ok, thanks for your help (but I know that A is a thieving piece of scum who was not owed any money and deserves a good slap).

[Barmaid]

He really should account to the "partnership" for the profits. It's a civil claim rather than a criminal one.

[sherrardk]

Thanks Barmaid - such a shame we haven't got the money to do the bastard!! My husband had to go back today and sort it out because A had done such a crap job (even though he took the money for himself). Makes my blood boil as I have to see him and his cronies around the place all the time.

[Buenchico]

Making a court claim online isn't necessarily prohibitive with regard to costs. To see the relevant fees, click 'Money Claim' on the left of this page, and then read down the 'MCOL' column on the right:
http://hmctsformfinde...nder/forms/ex50_e.pdf

Further information here:
http://www.direct.gov...aimformoney/DG_195688

Website here:
https://www.moneyclaim.gov.uk/web/mcol/welcome

[sherrardk]

Thanks Buenchico - I will have a look at that (it says it's not working at the minute but it could be my iPad thing).