Recent content by RayLevy

  1. RayLevy

    I need advise on a mis-sold service from Yell.com

    Hi Ross If you're in the middle of the contract ie you're still paying monthly for a service which is sub-standard, and the company is refusing (or negligently not complying with) your request to see a copy of your contract, then I would suggest suspending payment until it is addressed...
  2. RayLevy

    The legalities of a competition business

    Yes. There are some legal hoops you will need to jump through to make sure this is legal. A good starting point is the Gambling Commissions website: http://www.gamblingcommission.gov.uk/Home.aspx There's a lot of helpful info on the site, for example...
  3. RayLevy

    Partnership advice required

    Hi If you have no agreement between you setting out rights and obligations, and you didn't set up a company, then you will have a 'common law' partnership. This means that all the assets, profits and losses are owned equally between you. When you reach an agreement, it is certainly best to...
  4. RayLevy

    Warranty Claims

    Hi, The term 'reasonableness' depends on the context. There is no fixed standard in law. The obligation will be on the party claiming the expenses to show why it believes the claim is 'reasonable'. His explanation is the key information. If its a good explanation, then its more likely that he...
  5. RayLevy

    I need advise on a mis-sold service from Yell.com

    Hi Ross I had a look at the Ts and Cs you referred to. However, these Ts and Cs are actually only 'background' terms which work on the back of a Contract which contains your main terms (for example a definition of what the Service is, what the Term is, the Fee, the Minimum Period etc). I'd need...
  6. RayLevy

    Share Transfer Validity

    No, it has no effect on the transfer, or its validity. It simply means that the CH form hasn't been filled in correctly (which wouldn't be the first time, by a long chalk).
  7. RayLevy

    I need advise on a mis-sold service from Yell.com

    Hi Ross The starting point for all claims is to check the small print. I'd need to see the contract you have with Yell and, firstly, see if we can find any breach of their obligations to you. Next, we need to see if we can claim the representations made to you by their sales representative are...
  8. RayLevy

    Accountants screwed up Companies House submission

    Hi Oceaneer Regarding the legal query you asked, you have potentially three claims here. 1. The Retainer. If you signed a 'retainer' or 'engagement letter' with the firm of accountants (or any other terms & conditions) that creates a contract which places obligations on the accountant to...
  9. RayLevy

    Share Transfer Validity

    Hi Spensor I don't have all the details necessary to properly advise you, but from what you have written, I can comment as follows: There is no method of registration of a share transfer at Companies House. Share transfers take place by a 'Stock Transfer Form' which is signed by the seller. It...
  10. RayLevy

    Help - How do you find the owner/leaseholder of a property

    Yes. The Land Registry allows you to search the title and will tell you the owner. Go here: https://www.gov.uk/search-property-information-land-registry Ray
  11. RayLevy

    small contract agreement help

    Hi, It sounds like you need some terms and conditions of business. These should cover not only leaving the goods at someone's address (as you mention) but several other matters too, such as payment, transfer of ownership, risk while at someone's premises, any warranties or guaranties given...
  12. RayLevy

    paying off employee

    Hi Regarding the query above, the fact that she is your wife or ex-wife doesn't matter in employment law. She is an employee and is entitled (or not) to employment rights according to her general status as an employee. As she's been employed for less than two years, she is not entitled to...
  13. RayLevy

    False accounts

    Hi Jules In your sale & purchase agreement, there should be warranties in there. Usually, the seller has to warrant that his accounts are true and fair and not misleading. Now, if so, there are two possibilities here. Either, they are true and fair, and he was a great salesman/business man...
  14. RayLevy

    Business name ownership

    Hi Jules Maxwell was right in pointing out that you could, in theory, have a claim in passing off, if you were to continue trading - or intend to continue trading - with the same brand name. However, if you are not using that name any more, then there is no loss for you to claim. The laws of...
  15. RayLevy

    Selling business, should I renew lease before hand??

    Hi If a buyer intends staying in the same premises, then your business certainly has more value with a longer lease, so all things being equal this is helpful for a sale. However, there are downsides. First, your landlord may want a rent review (check your lease to see if this is already...
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