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I left my old company on the 25th february 2011. whilst I…

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I left my old company...
I left my old company on the 25th february 2011. whilst I was employed by my company I set up a company for my wife on the 25th Jan 2011 . Althought the company was in my name and and my wife name so she could start her own design freelance company. The reason I set it up and changed the director to me Was becasue my wife has adverse credit and was unable to obtain a business account or overdraft facilities.

Yesterday ( 31st May 2011 ) I received a high court summons to claim an injunction against me and my business ( wifes ). They believe that I stole 5,000 + documents on my last working day and transfered these documents onto a flash drive within 12 mins. ( they have screen shots of the documents that were " Modified ". I have no idea how this has come about. They are also claiming damages to the unlimited amount.

Now I admit I did not take anything from there company, I did not set up a company to be in direct compettion.

I will admit thought that about 6 weeks after leaving my old company I had a moment of complete madness. Money was extremly tight and my rent was due and I panicked.
I contacted a couple of companies that where associated with my old company, to try and seek them to be involved. Even though I had interest I decided that I was being stupid and knew that I would be in breach of my old contract so I decided to not contact them. Since then this company has contacted my old company and sent them the email I sent them. Hence them sueing me now. I must have been in breach of my contract but I didnt gain any monies from these companies and I pulled the plug after 48 hours.

I since then have stopped working due to fear of them contacting me which I now know was a smart thing to do.
I am on benifits with no income. My bank accounts are heavily overdrawn, I have no money, no assests and no job.

I need help asap, as the letters state I am due at the high court in 2 weeks ( 14th June 2011 ).

( I have also deleted my website I built and stopped all associated work with the company I set up. )

Your help is appreciated

Regards

Colin
Submitted: 7 years ago.Category: UK Law
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Answered in 13 minutes by:
6/1/2011
Solicitor: Senior Partner, Solicitor replied 7 years ago
Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13,330
Experience: 30 years experience in business law and related topics such as employment law
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Thank you for your question. did you have a contract that restricted you from competing with them?

Have you taken documents? What is the basis on which they are claiming under the high court summons?
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Customer reply replied 7 years ago
I did have a contract that stopped me competing with them within 6 months.

On the the claim form it states " The claimant seeks injunctive relief by way of interim and/or permanent relief to restrain and infringment of copyright by the defendants and prevent the misuse by the defendants of documents and information belonging to and confidential to the claimant.

The claimant also seeks damages to be assessed in the claim"

I have no documents. The only thing I have is personal knowledge and a magazine that I gain the contact information from which by old employer had published.
Solicitor: Senior Partner, Solicitor replied 7 years ago
Well if you have no documents then you have a perfectly good defence to that claim .i.e. that you have documents or information. A magazine is public record.

You need to get a solicitor to help you prepare an affidavit denying having any information or documents.
Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13,330
Experience: 30 years experience in business law and related topics such as employment law
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