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an ex business partner had a bank account in business name…

an ex business partner had...

an ex business partner had a bank account in business name with him as the only signature, i was unaware of this account and he will not give me documents to it as he has been missusong the funds, do i have grounds to get these statements as i am the sole owner of the business and all money paid into it was business money direct from customers.if so how do i go about getting this. these statements are very improtant as i am compiling a case against him with the police.
many thanks

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Answered in 3 minutes by:

4/9/2010

Solicitor: Advocate, xx replied 12 years ago

Advocate, xx

Category: Australia Law

Satisfied Customers: 392

Experience: xx

Verified

Dear JA Customer,

Thank you for your enquiry. In order for me to be able to assist you further, please reply to the following;

a. What type of business is it?

b. Do you know whether there is any money in the said account?

c. Did you have a partnership arrangement?

d. What State are you in?

e.When did the business partnership dissolve/end?

f. Are you suing your partner for moneys?

I await your further reply.

Sincerely,

Mary A.

Customer reply replied 12 years ago

a. building industry under my licence only he wasnt a builder

b. not sure of bank balance as he declared bankrupt in 08, all deposits where 07-08 when he wasnt a partner.

c. no partnership arrangment was ever made, business reg expired 04-07 he never put name back on so i was sole owner, but thinging he was partner right through

d. located in NSW

e. partnership disolved 04-07 business closed in 11-09 after i found he was ripping off business

f. no not suing for money been informed i can have him charged for theft/fraud

Solicitor: Advocate, xx replied 12 years ago

Dear JA Customer,

I have your further reply, with thanks. However, please clarify the following;

g. In response to your answer to questions about a partnership, you say at (c) that no partnership arrangement was ever made but at (e) you say that the partnership dissolved 04-07.

Please clarify?

h. Who was this person who went bankrupt and who opened an account in your business name?

i. Did this person open a bank account using your business name document?

j. Was this person a builder himself who then worked under your supervision?

k. What do you want out of this?

I await your further reply.

Sincerely,

Mary A.

Customer reply replied 12 years ago

j. no this person wasnt a builder he was to do the paperwork side and i did the building the business was registered under my builder licence.

k. i want the bank records so i can have him charged correctly, i carnt hand half done documents to the police, i feel he has put an excisive amount of money somewhere and these records will show this. the amount in question is in excess of $400 thousand. no body can go bankrupt and have money like this dissapear. he has cost me everything and i want justice. it may seem not very nice but i need justice to come to him, he has ripped off my business and dosnt care and not giving me the details tells me he is lying and a con.

Solicitor: Advocate, xx replied 12 years ago

Dear JA Customer,

I note your further reply. You are in a difficult situation.

You may try to go to the Bank and show them evidence of your business name and license and have something on your letterhead stating that the signatory on the account is no longer authorised to deal with the account and to have it amended to you as the new signatory.

If the Bank does not cooperate, then you should contact the Ombudsman at the following link;

http://www.ombo.nsw.gov.au/complaints/onlinecomplaintform.html

If this fails, then the Police have power to seek access to the said account in question and they will be able to investigate the matter for you.

This person would also be liable for bankruptcy offences as well if he has earned income that has not been declared to the Trustee in Bankruptcy.

I wish you well. If you have any other questions, please let me know. Otherwise, please don't forget to press the "Accept" button upon receiving this answer to your enquiry.

Sincerely,

Mary A.

Advocate, xx

Category: Australia Law

Satisfied Customers: 392

Experience: xx

Verified

Advocate and 87 other Australia Law Specialists are ready to help you

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Customer reply replied 12 years ago

i need these to go to the police so i have all my facts and numbers correct. i know about his bankruptcy agrement and how he has broken this, i report this to itsa but again need the documents to back my word otherwise they wont investigate its to hard for them, i have already been toldRelist: Answer quality.
the information sent to me i already knew, but thank you for your time i will keep trying and i will beat this maggot, time will get him.

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