Help Needed for Court Case. Claimant ignoring Directions and Witness Statement needed by Friday

[DonkeyB]

Getting sight of the cheques is the only way to do that, to see what the issue date was. Also, I bet remittance advices were conveniently trashed!

 

Any way you could get hold of copies of the cheques? By whatever means...?

[Desperate Daniella]

No, because I have no idea who the cheques came from because she won't identify any of the clients by name on her list except by numbers. I can work out most of them. All I know is that according to this list she sent the invoices to X when I was a Director, and now they have said

 

1. In his letter to me last week, she didn't send any invoices to X.

 

2. In my conversation with him this morning, the dates she gave on the list for the invoices were wrong and therefore they weren't actually sent out when I was a Director.

[DonkeyB]

You are entitled to sight of or copies of all records FOR THE WHOLE YEAR in any part of which you were a director. Would that help?

[DonkeyB]

As an aside, do you have a copy of the company's articles of association? Would love to see them.

[Desperate Daniella]

Yes, I do, but I think they are just bog standard ones. What should I be looking for?

 

Also, I was a Director from October one year to October the following year. When you say the whole year, I assume you meant I can actually see any documents for the whole of that calendar year, ie until December 31st of that year?

[DonkeyB]

Whether or not an individual director can unilaterally use all powers.

[DonkeyB]

Whole of the accounting year. You were a director during that time, therefore you had a responsibility for the accounts. Resignation/removal does not remove that liability.

 

You are entitled to know on what basis they were produced, and you should also receive a copy of the section showing full breakdown of costs etc usually reserved for the directors (which do not form part of the accounts).

[Desperate Daniella]

It says that if there is only one Director such Director may act alone .... but obviously there were two of us. She put herself down as the only subscriber in the Mem of Ass though. Does that have any relevance?

 

There are various references to Table A of the Schedule to Companies Regs so I'll have to have a look at those. Hopefully I can find that on the internet.

 

The first year's accounts would have run from October 07 to October 08 which is when she removed me. They would have had to be ready by 2009, but she didn't pay in any of the cheques until after the end of the first year, so they would come into the accounts to October 09, and those don't have to be produced yet.

 

All that is in the first year is the start up costs which were under £1000. The first two clients' registratation payments almost cover this, so then we have the other invoices for almost £5000 and this is what she is trying to hide because she's already admitted she was going to share the net profits with me 50/50.

[DonkeyB]

There are issues such as work in progress which should have been recorded in the accounts for that year.

 

You can download the Articles and start up docs from Companies House website. It should all be there, even Table A - though it is often amended.

 

The turnover figures should give you a clue as to what was invoiced.

[Desperate Daniella]

I've got the articles and start up docs. I'll have to get Table A.

 

I know what has been invoiced and how much has been invoiced, and how much was paid out in start up costs, but I don't know the identity of Client X, and clearly her reluctance to tell me who, what the payment related to, and when the payment was received, as opposed to when it was banked, combined with the evasiveness of both her and her solicitor lead me to believe I am clearly on to something!!!

[DonkeyB]

I'm sure you are. Start digging through the companies act to check your rights - I'll dig too!

[Desperate Daniella]

Thank you.

[gh2008]

cracking advice from DB

 

would it be worth firing off a 31.15 re the invoices? they have disclosed the document therefore you are entitled to inspect.

 

and even a 31.12 specific disclosure for the bank account statements

 

just thinking aloud ...

[Desperate Daniella]

Hi gh,

 

I've got the bank statements (by threatening him with an application) and I've got the other invoices. It's just these two - one of which happens to be for the largest amount of money.

 

The issue which I'll explain to the judge if I have to make an application is that she has put on her list that she issued these invoices in the week before she chucked me out, without the 28 days notice, which would ensure I was no longer a Director when this money was received.

 

If she didn't issue the invoices why has she listed them?

 

Either way I am entitled to my 50% of that money.

 

So what she appears to be doing here is demanding back all the advances that she gave me against future fees, and then hiding this money which could be used to offset the advances, let alone the other £500 (£250 to me) for a report I wrote which she said she invoiced but didn't receive payment for. That client doesn't recall receiving the invoice or the one chase up letter she says she sent.

 

And of course I would be entitled to interest on that money from the date it was received.

 

We'll see what he comes up with next.

 

DDx

[The GodMother]

And the soap opera continues with DD and evil rich dog, my opinion, next week.

[Desperate Daniella]

[Desperate Daniella]

I've been playing email tag with my barrister today and can't speak to him until tomorrow. He's asked why I think I can see the documents if I am no longer a director. I thought I could see anything that was issued when I was a director.

[angel_1]

hiya daniela

 

im really sorry not been around, i must catch up with your progress glad you still hanging in though, sending you lots of angel luck and good health to keep you going

 

just wanted to send you a big hug for now and we will catch up promise

 

cheers have a fun day angel x:)

[Desperate Daniella]

Hiya angel,

 

I'm so sorry I didn't know you had posted. Thank you for the hug and angel luck.

 

Hope all is calm with you?

 

Love,

 

DDxx

[Undercover-Elsa]

Yo DD!

Still keeping an eye on your progress (been ill...long story!) when is the action due to start again?

Hope you & your lovely daughter are well...

love'n'hugs

Elsa x

[Desperate Daniella]

Hi everyone,

 

It's still dragging on. We are months behind on everything and haven't even finished disclosure because of the all the letters that have to go back and forth to get anything out of them, and then it comes in dribs and drabs.

 

I think they are completely mad.

 

She sent a list of invoices. Now she is saying some of the invoices don't exist and weren't sent! Erm, I think a judge might notice.

 

These invoices relate to a fee which became due when I was a Director. She admits in her reply to my counterclaim that she agreed to give me 50% of net client income. She is saying that she is not prepared to give me that money.

 

Now she wants to consider mediation. I have said I'll consider that when I have the invoices. I'll bet she wants to consider mediation because the invoices will prove that she was trying to do me out of the money owed to me. Her solicitor says it was just a coincidence that she threw me out of the company when that money was about to come in. Isn't that just amazing.

 

I have said that if we go to mediation there will be a question of costs because she refused last summer and again after the judge had said the case should be settled by mediation when I went to court in December.

 

Crazy, just crazy.

 

DD

 

"*Litigation privilege notice*

This thread exists exclusively to assist me in preparing litigation against another party. As such it is almost certainly protected by litigation privilege

The legal requirements for claiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are for the dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably in prospect : Re: Highgate Traders Limited [1984] BCLC 151.

Copyright information: Alll information contained in this website , associated websites, and forum posts are copyright Reclaim The Right Ltd. If you wish to use the information on this site for publication elsewhere , then please email the site adminstrators for permission"

[Desperate Daniella]

Hi Elsa,

 

I'm so sorry you have been ill. I hope you are now on the mend and feeling better.

 

We are well, thank you, apart from the stress of this, and I had to go to court on Wednesday about a tax disc which was outrageous. The prosecutor asked to speak to me beforehand and decided he wasn't going to proceed. He could read and count to six. Apparently the people at the DVLC couldn't.

 

Love and a very big hug to you too.

 

DDxx

[DonkeyB]

Hi DD.

 

An emphatic 'no' to mediation. In my own case, I've just had two wins in the High Court. Oppo now wants mediation. They are bottling it.

 

I read your situation the same. You know what happened.

 

However... the 'no' must stay in your head. Let them think you may be amenable to mediation, but prepare for war. I think you have them on the run. Trust in the truth.

 

Let's see which of us can win first!

 

DB

[Desperate Daniella]

Hi DB,

 

I'm really pleased to hear from you.

 

My case is only county court, but I have always thought she would bottle it if she thought she'd have to face cross-examination.

 

I've been googling, but I can't find what I want. If one director does deals on the side with the express purpose of hiding this deal and the money, isn't this fraud?

 

I've just told her solicitor that if she hasn't got the invoices then the identity of the client and details of the transaction will be just fine - or I'll make an application.

 

I forgot to mention the third thing. I asked in my last letter if she was saying she didn't want to pay me for the work I had done, and he's come back and said she didn't say that - she would have paid me if I had continued to work for her. Erm, I was asking about payment for the work I did for well over a year and which she has been invoiced for me. They know that.

 

This is just the kind of thing that they do to drag it out.

 

DD

[DonkeyB]

I've been googling, but I can't find what I want. If one director does deals on the side with the express purpose of hiding this deal and the money, isn't this fraud?

 

It's called 'making a secret profit' and is contrary to the Companies Act. Here's a good summary I found:

 

Duty not to Make a Secret Profit

Linked to the duty to disclose interests in contracts and to avoid conflicts of interests, is the obligation of a director to account for any "secret profit" i.e. profit he has gained because of his position, or from use of company property. Effectively a director must not appropriate for himself business opportunities that are properly the company's."

 

Have a look at these links and authorities:

 

Clarion | Articles

Disclosure and the Director?s Fiduciary Duty of Loyalty: Item Software v (UK) Ltd v Fassihi [2005] 2 B.C.L.C. 91 | Murray Stable

The law and directors' responsibilities - Dua & Co Limited, UK

Levy & McRae Publications: A Summary of Directors Duties of Care and Skill

Director’s Duties

 

Unfortunately, criminal proceedings as a result of such actions are unlikely. It's just too piddly for the authorities to care.

 

There, that's ruined your Saturday...