- Original Poster
- #1
Hi... I desperately need advice on a messy situation.
In Oct 2016 I liquidated my parents PPE/workwear supplies company after my father suffered a heart attack and was unable to run the company.
My father company’s largest customer (heavy industry and big user of consumables) bought the assets with the interest of setting up a replacement to fill the gap it left in the marketplace and the gap in their supply chain.
The buying company later contacted me and asked me to come onboard in Jan 2017 because they did not have a clue what they were doing. So they incorporated a new business to replicate my father's liquidated company. With three directors, Alan = 80%, Paul = 10%, myself =10%.
As a director of my own digital company, I was offered a 10% shares in the new company for a reduced rate from my company to develop their online presence. My duties included setting up the business operations, training the other director and developing an online presence to allow them to sell online via their own website and ebay.
Over the course of 4 months my relationship with Paul (Alan’s son) deteriorated. He was not following the company procedures I trained him in, did literally nothing but mess about on facebook or played with his phone all day. He broke several HSE and employment laws relating to warehouse staff safety and days off sick, which was the defining moment I wanted out.
I first raised my concerns in April 2017 with the Parent company's in-house accountant, who was tasked with overseeing this startup. Where I was told there was nothing I could do about Paul’s laziness, because it was Alan’s son. I just have to crack on or leave.
After 5 months of worsening problems with Paul, I resigned with immediate effect as Paul was running the business into the ground and doing NO work. (All evidenced by emails). But I was getting the flack for the business not performing.
I informed the parent company that my business could no longer afford to offer services (programming and hosting) at cost and that going forward, full list price had to be paid in proforma. (I asked for pro forma as out of 15 invoices I submitted over 9 months, 3 were paid on time). Until then I suspended services (hosting/development) that they had not paid for.
My resignation was accepted, I had agreed in email to work with the company replacing my business, that would complete the digital side and they had agreed to pay proforma the full list price to reactivate their hosting.
When I went to the office to collect my personal belongings and my company’s IT equipment, I was denied access by Paul who had the locks changed, hours after my resignation was given.
From then on, the company has refused in email to return my personal possessions and my company’s IT equipment until I turn their website back on, even though monies are outstanding on the hosting and complete the works agreed, even though monies are outstanding on programming studio time.
I emailed again today asking when I can collect my belongings, their response was simply, I cannot and they have passed the matter over to their lawyer to sue me for all the monies paid to my company. They state that the monies they have paid makes the website their property.
I argue that
1) Only 20% of my time was dedicated to digital, the rest of the time was spent wiping Paul's backside
2) I have turned off the access to the server, because there is outstanding monies on the hosting. Once they return my property and have paid the outstanding debt, the website will be turned back on.
Please help.
In Oct 2016 I liquidated my parents PPE/workwear supplies company after my father suffered a heart attack and was unable to run the company.
My father company’s largest customer (heavy industry and big user of consumables) bought the assets with the interest of setting up a replacement to fill the gap it left in the marketplace and the gap in their supply chain.
The buying company later contacted me and asked me to come onboard in Jan 2017 because they did not have a clue what they were doing. So they incorporated a new business to replicate my father's liquidated company. With three directors, Alan = 80%, Paul = 10%, myself =10%.
As a director of my own digital company, I was offered a 10% shares in the new company for a reduced rate from my company to develop their online presence. My duties included setting up the business operations, training the other director and developing an online presence to allow them to sell online via their own website and ebay.
Over the course of 4 months my relationship with Paul (Alan’s son) deteriorated. He was not following the company procedures I trained him in, did literally nothing but mess about on facebook or played with his phone all day. He broke several HSE and employment laws relating to warehouse staff safety and days off sick, which was the defining moment I wanted out.
I first raised my concerns in April 2017 with the Parent company's in-house accountant, who was tasked with overseeing this startup. Where I was told there was nothing I could do about Paul’s laziness, because it was Alan’s son. I just have to crack on or leave.
After 5 months of worsening problems with Paul, I resigned with immediate effect as Paul was running the business into the ground and doing NO work. (All evidenced by emails). But I was getting the flack for the business not performing.
I informed the parent company that my business could no longer afford to offer services (programming and hosting) at cost and that going forward, full list price had to be paid in proforma. (I asked for pro forma as out of 15 invoices I submitted over 9 months, 3 were paid on time). Until then I suspended services (hosting/development) that they had not paid for.
My resignation was accepted, I had agreed in email to work with the company replacing my business, that would complete the digital side and they had agreed to pay proforma the full list price to reactivate their hosting.
When I went to the office to collect my personal belongings and my company’s IT equipment, I was denied access by Paul who had the locks changed, hours after my resignation was given.
From then on, the company has refused in email to return my personal possessions and my company’s IT equipment until I turn their website back on, even though monies are outstanding on the hosting and complete the works agreed, even though monies are outstanding on programming studio time.
I emailed again today asking when I can collect my belongings, their response was simply, I cannot and they have passed the matter over to their lawyer to sue me for all the monies paid to my company. They state that the monies they have paid makes the website their property.
I argue that
1) Only 20% of my time was dedicated to digital, the rest of the time was spent wiping Paul's backside
2) I have turned off the access to the server, because there is outstanding monies on the hosting. Once they return my property and have paid the outstanding debt, the website will be turned back on.
Please help.
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