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HELP PLEEEASE! dont know how i stand

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  • HELP PLEEEASE! dont know how i stand

    Hi and apologies in advance for how long this will be. I do really need advise though so pleeeeease read for me.
    My cousin had some money to invest and bought the lease on a cafe for me to run. Dec 2009. He offered me 800 a wk as an income(self employed) but i said as a gesture make it 6.
    Shortly after he paid 6 mths rent on a house locally so we could be near the cafe as a loan (3300 no paperwork)
    He also "lent" me 1900, 1000,300 and 350 during this 1st stay at the cafe(again all with no paperwork)

    I "paid" him back 150 a wk out of my income , ie only took 450 from cafe takings.

    Obviously during the early days my cousin was subsidising the business as would be expected.

    In july we went to open up to find tge locks changed and no sign of him. i eventually got him on phone and was basically accused of robbing him. However, he gave me his other cafe to run.!! Would you do that fir a guilty man?

    Anyway various argyements persued, and it came down to a supplier bill fir 6000 that he claims he never had money for, i told him yes you did approx 600 a wk but he claims that only covered rent etc., ivtried to explain that stock comes first but got nowhere.

    End of part 1.

    we never spoke again till end november 2010 when he offered me the cafe to buy on a pay as u go basis.

    we sat down and agreed terms drew up a contract printed and signed it.

    this is where the real fun starts.

    1 - in feb he changed terms verbally to reduce term from 3yrs to 1yr but i asked fir 18mths - AGREED

    2 - he started denying ever receiving any money back from me ie 150 wk etc.,
    (his money is running out)

    3 - we had a meeting to see where its going to and point 1 is now not applicabke as alledgedly he said only if i can get 15k lump sum. If so how come he agreed from 12-18mths

    things looking shaky....

    4 -in our agreement i had a 28day walk away option if i felt it wasnt working. he could only terminate if i defaulted

    5 - business struggling so i consider quitting.

    6 - i get a call for meeting on sept 8th 2011 where he tells me someone gave him 10k deposit (lie) and id gotta give keys in on sun 11th

    I basically agree subject to my terms -

    I draw up termunation contract stating i give up right to 28days notice on understanding that all loans, favours and issues (supplier lark) are nullified and i have a ckean slate. He reluctantly signs

    We gave keys back did all final meter readings together and part company.


    1 error i have made is we took 2 pizza ovens and a counter top chiller out due to space , dumped ovens(not working) and sold chiller. sods law he wants back. foolishly i told him id have to sort (as i was going to try and buy back 2nd hand from ebay) but have now had to tell him that ive git rid but as far as we were concerned at time we were keeping cafe and didnt need

    He is now saying he wants 1100 (cost of new replacements) by weds or he will report as theft. and is bringing back other debts to light even thiugh he signed them off so to speak

    Is it harassment or am i still liable as most stuff is verbal.?

    Please shed a light on this for me


    i'm at stage where feel like punching lights out
    Tags: None

  • #2
    Re: HELP PLEEEASE! dont know how i stand

    Deny all knowledge of the ovens and chiller, ask him to prove his allegation of theft and stick by your termination agreement.

    The police will require proof or evidence of theft before they'll take action.
    Light travels faster than sound. This is why some people appear bright until you hear them speak.

    Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

    Comment


    • #3
      Re: HELP PLEEEASE! dont know how i stand

      I have sent him texts saying that i'll sort ovens!

      I will replace but wondered wether he can claim new for old? i dont think he can can he?

      Comment


      • #4
        Re: HELP PLEEEASE! dont know how i stand

        I would suggest that you need proper legal advice for this issue. It is complex already, and sounds like it could well get worse before it gets better.

        I'd try to find a solicitor who specialises in commercial businesses.

        Comment


        • #5
          Re: HELP PLEEEASE! dont know how i stand

          yeah just dont want to go in blind so to speak.

          tricky but in my humble opinion its very much a my word vs his with very little proof other than my termination contract

          Comment

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