Need BIG help please- awful business partner

[nietta]

sorry, this is going to be a bit of anessay but im having such a BIG legal problem!

I havnt seen anyone from beauty college in years then about 7 months ago i stumbled across one of the girls on facebook. Like me she was working just from home, but we thought it was a happy coincidence we both now do spray tanning and eyelash extensions considering we didnt get these taught at college.
We decided to do treatment swaps. After a couple of months of growing quite close again she went to get her nails done at a nail bar in Windsor where I live (shes about 20mins away) and called me saying they had 2 very large beauty rooms free downstairs....PERFECT
We agreed with the Chinese manager that we'd get both large rooms (very large rooms) for £90 a week, 1st 3 months on commission.

We spent a couple of months decorating, fixing up the rooms etc....heres where the problem starts.....

Im a single mum, at the time i was very tight on money and said i would put ALL my spare cash into the room. (She has a part time cleaning job) She agreed that she understood my situation and said that was fine. I paid for child care constantly and called on friends as babysitters for my 1 year old so i could spend afternoons down the room decorating, whilst she always had an excuse to never be there.

straight away she called on her dad to help out. She called me and said he'd agreed to take her to the wholesalers and buy waxings equiptment, tables, etcetcetc, he ended up spending about 500pound.....we were obviously very greatful. She had a best friend called keighley who i never liked and who ever liked me, however Tayla started bringing her down the salon more and more and on all our trips to buy stuff etc.


We chose our accent wallpaper and i bought it, and went down there a week later after arranging and paying for a decorator to go down and hang it, and she had got her dad to buy a new £30 a roll paper, and hang it. It was so-so, but not done to a great standard and my wallpaper i had bought was shoved in a drawer.....she did ALL THIS WITHOUT TELLING ME!!!!!

when i called to ask what was going on she said i shouldnt moan because she'd payed for almost everything down there so i should deal with it. I remonded her it was OURS and she went on to remind me also that everything her dad had spent we would have to pay him back....SHE NEVER TOLD ME THIS?!
Which means that me, who was prepared to do this on our own and start a business, would be working for however many months on my days down in the rooms, paying for childcare and not even breaking even for that childcare as her father expected everything we make to be given to him until we paid it back.
I decided to cut my loses and walk away from the business, losing the money and time id put in, but she was holey unprofessional. She didnt even turn up, answer her phone or contact me on the day we were due to open....the day we had put on all the flyers and postcards and marketing material....which meant i was stood outside the salon turning our first customers away.....


Here's the MASSIVE PROBLEM:Scared:

Whilst we were still on good terms i took out phone contract with 3 as a business phone. Her credit wasnt good enough so i put it in my name. She then asked me to take out a contract for her personally, as she was my friend, i said of course. And within 2 weeks we were allowed to call up and put it in her name. All the hoohaa kicked off before we could do this, so she lumbered me with a business phone in my name for a business i was no longer involved in. She kept her personal phone and agreed to turn it into her name, but refused to take the business phone and contract.
we agreed that she would keep the contract i took out for her as she didnt want to have to change her number again, , and i would take the busniness one as i could get someone to take on the contract, but on the proviso that if she was going to lumber me with a contract for the business, that she returned the new handset for her contract to me (a new BB Torch)

Keighley bought her BB torch handset with box and all to my door....when i got into my kitchen and opened the box and the paperwork, tayla had slipped in her personal Sim card!!! Leaving me with 2 handsets and contracts.

stay with me here.....

I managed to convince someone to take on the business contract, with the BB Torch. so thats 1 contract off my hands. However i am still left with Taylas personal contract.

I have debt collectors calling me every day, and sending me final demand letters saying they are going to take me to court soon. My debt at the moment is only about £60, but obviously theres the rest of the contract yet which is about another 20 months or so.

Ive called 3 and explained the situation but because the contract is in my name, i am responsible for it.


I really dont know what to do. I dont have the money to pay for it at all at the moment as im not working due to childcare, but im also not happy to pay it out of principle.
I took this out as a friend, for someone i thought was a friend to me. She then deliberately pushed me out of the business so she could go ahead with the venture with her best friend Keighley.

I dont have a number for her and she has moved from her dads, to her mums to her nans in the last 7 months so i dont know where she is living, none of which i know the address of.
I found her on gumtree last week, with an address i believe is her mums, but i dont think she's living there.



i dont know what to do :cry::cry::cry::grr::grr::

 

[Sarah-Jean]

I say this every single time - NEVER, EVER, EVER, EVER go into business with family or friends!

With regards to the contract I really don't think there's anything you can do. It's in your name, the fact you took it out for a friend in good faith really means nothing. It's your debt, in your name and as much as it sucks you have to pay it.

Does she have the phone? Is she using it? If so you need to cut it quickly by calling and telling them you need to change phone numbers or sims or something even if it means telling them the phone has been stolen (as technically it has been!). But disable her from using it... If she hasn't got the phone and isn't using it there's nothing you can do but stump up the money you owe from the contract so far as I am aware.

I'm sorry this happened. I actually recently lost one of my houses with all possessions inside it thanks to a deal I'd done for a family member in good faith. Just waiting to find out whether I've lost money or am owed money as a result! And we had the same issue with going into business with a friend before too... They expected us to do all the work and did nothing themselves, but still wanted a cut of everything.

 

[CloudNine]

I suspect that Sarah-Jean is right and you will be tied into the contract for the duration. You could try asking 3 if you could change the contract to a cheaper tariff so at least you won't be paying as much per month.

 

[Lunarstorm]

I also agree with Sarah-Jean on this one. Legaly it's you contract and you have to pay for it. You need to make sure the handset and number are blocked if she still has any of these so she does not run you up a huge bill!

There's not anything else you can do really but use it as a learning curve.

 

[Curlywurly82]

three are right the contract is in your name and you are responsible for paying it.

as the others have said make sure you doesn't have a duplicate sim, change numbers if you need too. Also if you told three that they were able to speak to her instead of you for anyhting then make sure you rescind this as otherwise she could just phone up and request a new one etc.

Most phone companies won't let you change the contract within the first 6 months or so (depending on the lenght of the contract) in order to stop people going for a steep tarriff with the latest phone and then changin down to the lowest. So if they say no now call them every few months. If you explain the situation to them i.e. you took it out for a friend, you realise you are responsible but have had a change in your own circumstances and are now unemployed then they may decide to be nice and let you cut down now.

 

[kennedia]

are the debt collectors calling with regard to the £60 debt or for other debts?

 

[FreyaBeauty]

Oh honey poor you this sounds like a nightmare and also sounds like there have been a few lessons learnt.

Has she mentioned you paying back any of the beauty equipment? Maybe you could ask for some of the equipment as compensation for paying for her phone bill for the next 20 months?

Or go to citizens advice and see what they say?

Please don't stress out about this. Ask 3 to freeze the contract and you'll pay what you can. You need to look into the legal side and the rights. I know you've entered a contact....BUT situations change and sometimes people agree to contacts and then can't pay them. I'd write to 3 and explain the situation again, and see what they can do, remember to note down every time you contact 3 and what is said.

I was warned my credit card company were going to take me to court for 2 years, I told them I could pay £10 a month and that was it, I was on maternity leave and my partner lost his job...anyway I've been paying them £10 a month rather then £110 because that all I can afford right now until my situations change.

Don't let this stress you, they can't take what you don't have. Sadly though you will have to repay this contact, see if they can put you on a lower tariff or something?

Good luck honey hugs xx

 

[sophiegees]

You may be able to pay off the contact. It probably would affect your credit rating though. You could maybe borrow some money from a family member and offer them a small payment in return for the contract to be cancelled.

xx

 

[Lynne Baker]

Hard lesson to learn.
Never go into business with anyone, ever, without a legally binding contract.
If you can't afford a contract you can't afford to be in business.

 

[gr8nailz]

Agreed. Friends and family, historically, usually make bad business partners.

I know here in the US, your contract on the phone is binding but may be negotiable under the circumstances. I'd definitely try to negotiate a lesser amount and begin making some type of monthly installment. Something is better than nothing. Your credit in the meantime is going in the crapper and you can't afford that if you ever expect to be a business owner in your own right.

 

[essentia]

Hard lesson to learn.
Never go into business with anyone, ever, without a legally binding contract.
If you can't afford a contract you can't afford to be in business.

So true - lose count of the threads on here about someone being shafted. However try and salvage from this what you can with the least damage. :hug:

 

[nietta]

are the debt collectors calling with regard to the £60 debt or for other debts?

This debt only, i dont hve any others x

 

[FreyaBeauty]

This debt only, i dont hve any others x

I'd try and find your old friend and get her to pay for this bill...turn up at the address you have found and tell her mum you'll take it further or something?

Have you advertised the phone? If you sold the phone on eBay would you have enough to pay off contact out right? Xx

 

[kennedia]

It seems odd that they are calling every day over a £60 debt. Have a look into their arrears policy etc. I would imagine it's still with 3 and not a debt collection agency yet. You should be able to stop them calling so frequently.

 

[Pinkbunny28]

I know someone who had their phone cut off because they didnt pay it. I don't know how it works but would be best for you to speak to the manager in a store directly. Face to face they seem to give more answers! And definitely go to the address you found and see what happens. Im sorry you have to go through this x

 

[nietta]

It seems odd that they are calling every day over a £60 debt. Have a look into their arrears policy etc. I would imagine it's still with 3 and not a debt collection agency yet. You should be able to stop them calling so frequently.

I have 2 different agencies working for 3 contacting me, they both call every day, and i got a letter a week ago saying it was final and if i didnt pay within 72 hours they would be starting court proceedings.

 

[nietta]

I'd try and find your old friend and get her to pay for this bill...turn up at the address you have found and tell her mum you'll take it further or something?

Have you advertised the phone? If you sold the phone on eBay would you have enough to pay off contact out right? Xx

I think i am going to go to her mothers house. If i go see her she wont pay it. Thats the whole reason she sneaked the simcard into the paperwork, because she didnt want pay it.Its been months and months, she thinks shes got away with it.

What i might do is take the sim, all the debt letters and bills to her mum in a big envelope. Tell her the sitauion, leave it with her, then i can call 3 and say actually im not the one with the simcard so im not in control of it at the moment.

And hope this does something?

 

[BotoxBoy]

I have 2 different agencies working for 3 contacting me, they both call every day, and i got a letter a week ago saying it was final and if i didnt pay within 72 hours they would be starting court proceedings.

They won't and can't start court proceedings over £60. However they may add on some charges and it will affect your credit.

The best thing is to bite the bullet and call three. Set up a payment plan if what you can afford. They will usually let you pay it over 2 or 3 months.

There are a few options you can take regarding your 'friend' and one is a small claims court. You can summons her for a small fee and if you persuaded the magistrate she had been unreasonable they might make her pay.

However, for £60 and £20 a month is it really worth it? I think you should put it to bed for your own sanity and treat it as a lesson.

Put the phone on the lowest tariff you can when you can next downgrade. Set up a standing order of £5 a week to the bill (acc no and sc should be on the back) and thus way you'll hardly notice it's being paid off in the background.

Make sure you check it isn't being used elsewhere and find out your end of contract date.

It's upsetting and annoying but I've heard of far bigger debts from thus kind of scenario running into thousands so be encouraged by that.

Hope you get sorted x

 

[BotoxBoy]

I think i am going to go to her mothers house. If i go see her she wont pay it. Thats the whole reason she sneaked the simcard into the paperwork, because she didnt want pay it.Its been months and months, she thinks shes got away with it.

What i might do is take the sim, all the debt letters and bills to her mum in a big envelope. Tell her the sitauion, leave it with her, then i can call 3 and say actually im not the one with the simcard so im not in control of it at the moment.

And hope this does something?

Ps the possession if the SIM is irrelevant unfortunately as the contract is in your name, you're legally responsible for all calls.

 

[FreyaBeauty]

DONT hand over all paperwork and sim as then you have no prof of anything and the contract is still in your name. They will still chase you for the money.

You need to deal with two separate issues here.

1st pay the money back and put a stop to your worry and having people call you. I'd personally pay the £60 now so they don't charge you more each week or month. Set up payment plan.

2nd chase your so called friend and get her to pay you back the £60.

You need to then cut all ties and learn never to do anything like this again, I'm afraid to say you will have to pay the phone back yourself. And if you get any money from your old friend that's a bonus!

They won't care where the phone is or who is using it...no matter what they'll chase you. Sorry hun good luck xx