Money Claims Online - Template for Particulars of Claim?

[Will2050]

An ex-friend of mine approached me 5 months ago and said he owns a shop and it's making £3500 currently and from next month going up to £4500 a month. He said he's looking to give away 50% of his business for £20k as they'd need urgent cash.

I asked a lot of questions and he responded although I wasn't quite convinced but he said trust me, I won't let you down, etc.

I gave him the money but it turned out that he wasn't the owner and the shop was not making any profits.

I asked my money back but he assaulted me physically and verbally and threatened to harm me and my family if I don't give him even more money!

I reported him to Police and the minor injuries to GP and sent him a Letter Before Claim from a solicitor that he has ignored.

I'm preparing a Money Claims Online claim but I learnt I should be writing and sending them Particulars of Claim.

Is there any document template what should be written in the Particulars of Claim that I can just fill it in with my story? I'd like to get my money back.

Thanks

[nemesis45]

Re: Money Claims Online - Template for Particulars of Claim?

Hi welcome to LB,

Is there any written contract/agreement for this " loan"?

This sounds more like fraud and assault a criminal matter no a civil one.

Did the police pursue your complaint? If not did they give a reason for
not doing.

Threats of violence in order to gain financial advantage is a serious matter.

What you need to write is a " Letter Before Action" stating what this person must do
within a set period of time to prevent you issuing the court claim.

Who actually owns the business and are they involved in this as well?

nem

[Will2050]

Re: Money Claims Online - Template for Particulars of Claim?

Hi,

Thanks for your reply.

We had no written contract unfortunately. I asked for contract but he said his words are stronger than any paper contract and sincerely asked me to trust him. Me being naive

Yes it was fraud, violence and assault.

Police just took the report of the assault and said we don't do anything unless you want us to arrest him. I initially asked arresting him but my wife scared that he may carry out his threats and he gets more angry so I asked not to arrest him and they closed the case after 30 days!

Yes he attacked me physically and verbally and threatened of further violence if I don't give him more money. It's 3 months passed and he hasn't attacked us so I guess he just tried to scare us off.

I did send him "Letter Before Claim" (a solicitor wrote and sent it said it's not Letter before action, it's letter before claim) stating what he did and gave him 14 days to pay back or propose how he wants to pay back. It's 20 days passed and we haven't heard anything back from them.

His girl friend owns 50% and I got a share certificate for 50% of business. I don't have any participation, the shop is far away from me in North London. But they steal from the shop and don't declare anything so pay no tax and mainly do cash. I told him it's illegal but he said he can't afford paying tax.

I haven't gone there to the shop or seen them since the assault in April.

So I was exploring to send the Particulars of Claim for the MCO but not sure how to write it? I hope I can use that service for the fraud and financial misrepresentation to get my money back at least let alone the Legal costs and emotional distress.

[Amethyst]

Re: Money Claims Online - Template for Particulars of Claim?

Sorry a few questions I have here. You have a 50% ownership of the business, for which you paid £20k. The business isn't making the money you thought it was and the other owner is stealing from the business ?

Do you want to post up the 'share certificate' ?

Is the company registered with companies house ?

Were any repayment terms agreed or was it simply £20k for 50% of the company ?

On what grounds are you reclaiming the money ? Maybe post up the letter of claim you sent with the help of your solicitor - might give us a better idea.

[Will2050]

Re: Money Claims Online - Template for Particulars of Claim?

the share certificate I helped them write initially via my own accountant so I know it's correct.

Yes the company is registered with Companies House.

No repayment terms were agreed. It was simply £20k for 50% of the company but obviously based on the financials he told me - the shop is far away from me. He was supposed to manage it and pay me my monthly shares of the profits.

"On what grounds are you reclaiming the money ?"

financial misrepresentation
I've got his previous claims recorded on facebook/viber and text messages and some emails.

He hasn't even sent me the bank statements; I had asked him so many times but each time he brought excuses. He knew he was lying but denied it.

The shop has been making £0 profit, hardly able to pay its own expenses.

Any template for POC?

Why do you think I can't go through MCO?