Q.

We are a small dealership who employed a salesman who came to us with good references from a large franchise. he was paid largely on commission and gradually built up our profit centres and all looked fine. however, a number of financial discrepancies started to come to light which have culminated in him leaving the company. We now estimate these run to several thousand pounds which is a loss we can ill afford. he still works in the industry and we know where he is. What do we do?

PM, Heckmondwiket

A.

It depends whether you want revenge or your money back. potentially this is a criminal case if it involved deliberate deception to gain a financial advantage. The chances are he is repeating his antics with the new boss in which case you could inform them. however the irony is that while he is in work you are far more likely to recover your money. You could thus try and negotiate repayment with a threat of action in the civil courts if he does not repay you. If you win in court you can seek an attachment of earnings – or even a charge on his house.

Who is Lucy Bonham Carter?

She is a leading commercial lawyer specialising in automotive. She heads the legal team at autoLaw, a multi-disciplinary insurance and legal practice which specialises in providing legal assistance on motor trade-related legal issues and she provides advice to Car Dealer Club members.

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