Not Happy......

[davybull]

I'll try to keep it brief!!

One of my larger customers is a partnership. Two women partners. Don't know if they have a written agreement though.

One of them unfortunately became seriously ill and for the last 15 months has had more than 1 third of the time off work ill. She is not going to get any better! The other business partner approached her and they spoke about 3 options.

1- Ill partner to buy her out. Ill partner said she wouldn't be able to run the business on her own.

2- Ill partner to get paid for the days that she works. Ill partner said no to this.

3- Find someone to buy out ill partner. This was agreed on and two of the women that worked for them said a provisional yes. One of these two women then went on a pre-arranged holiday for two weeks. So nothing could be done for those two weeks. Everything was presumed to be OK.

The well partner paid her wages cheque (written by the ill partner) in to her personal account same day and it was returned unpaid. When she enquired she was told that the ill partner had put a stop on the account. She has said that she had concerns about the account but wouldn't say what those concers were.

After a couple of weeks of discussion the ill partner flatly refuses to remove the stop and seems to want to cause as many problems as she can for the well partner. I have spoken to the ill partner and she has basically said that she agrees that she is liable for half the debt but there is no way that she will remove the stop on the account or pay me. I asked if she would allow her accountant to manage the account so that I could be paid. Again she flatly refuses.

It is impossible for the well partner to continue trading as she can't pay any bills and so she has had no option but to order the partnership to be disolved and open up on her own for the time being. They owe me just shy of £4,000.00 since February 28th and I seriously need this money.

I don't have any problem with the well partner she wants to get the bills paid but can't and I am now doing work for the new company.

Any ideas how I can get what is owed to me without hurting the well partner who is really sorry for what is going on.

I can see this taking a long time and costing me dear!!

 

[Antonia @limeone.com]

Their partnership squabbles are not your problem. A legal letter to both explaining why you are not prepared to be in the middle of the dispute unpaid and follow up with summons or statutory demand. Both are liable for your invoice and most would not be so sympathetic in your shoes. It is time for them both to place you as the priority here.

 

[davybull]

As I said one partner wants to get the invoices paid with the funds that are in the account but the other just refuses to budge AT ALL. She is being a real nightmare and I would like it made clear in any situation that she is the one responsible for all the problems and not the partner who has started the new business.

It seems unfair that if I take the company to court they will both end up with a CCJ when only one is being a problem.

Yes I am being sympathetic but the well partner is hard working and she is in this situation because she has been stabbed in the back by a vindictive cow!!!

 

[Antonia @limeone.com]

As your debt lies with the partnership you would need to pursue them both as to pursue just one leaves you exposed. As you can sue both as separate defendants you do not need to enter judgment on the one you favour and can just pursue one for the debt but it can get complicated. Perhaps you might try the services of a debt collector on here first off to see if the wayward partner can be persuaded to pay up?

 

[davybull]

Thank for that reply. That is what I wanted to hear. As it is one of the partners who is causing all the problems that is the one that needs to be sorted out.

I'll speak to a few people next week and see what I can set in motion.

Cheers.

David.