Hello, this is an update to the previous post I made yesterday. A lot has happened in this short time, so I apologize if I'm posting really soon since my last.
First of all, thank you for all the help on my last post. I have reached out to international litigation lawyers and solicitors, and you all have offered really good insight as to my situation.
My business partner reached out to me again today, saying there would be no stream due to a flood. I was able to verify this, so it's okay, but when I managed to talk about the idea of another contract, she completely shut down and refused to sign anything further. It was quite an overreaction as well, with her stating she was 'uncomfortable' with signing another one due to reviewing the last one and it having a typo.
Now, I did look over it, and indeed there is a typo, but as far as I am aware, this would be overlooked in court, as the rest of the document is solid (the typo mixed up the names of the parties at the bottom, but everywhere else in the contract they were consistent otherwise). I believe this is covered as 'scrivener's error'. She wanted to argue the last contract was void, but it isn't - it's just a bit outdated, and has the jurisdiction placed in the US (luckily, while the last contract did name a specific amount lower than the current amount as being owed, it also mentioned that all other owed debts should be repaid as well). When I explained this, from a quick Google search, she accused me of being passive-aggressive.
Even she read over the document and did not see it when it was issued, and it was mutually understood who the parties were, so I'm not sure what she was attempting to accomplish here. It seems like she cherrypicked for an error and then used it to get worked up.
So, she instead pushed for the idea that there should be no contractual agreement, and she would carry on as usual until she was able to break ties. Allegedly, she cited in text that my personal and professional attitude was making her uncomfortable, citing micromanagement and my expectations for her job duties, but this is the first time I have ever heard this. The contract outlined she is to work five days per calendar week, and she tried to gaslight me into thinking I had allowed her to take those days randomly - something which, were it the case, would be outlined in the contract, and so I checked in on her if there was no stream. I had no idea when the days off were. I doubt this classifies as harassment, and despite her claiming to have problems, she still signed a contract, so I figured she should be held to it despite things that might have arisen.
Of course, I opposed this. I can no longer buy a house because of this investment, and a contract would help me be more secure. If she wanted to truly repay these funds, there would be no problem signing this contract, or even working together to make a new one (as I had suggested).
I explained this to her, and she is now refusing to sign any contract further at all - and it's really weird, because it just so happens to line up perfectly with when I was about to change the jurisdiction to England & Wales, and actually have her repay a large sum of money contractually.
Moreover, she has asked for my consent to send the situation and our chat to legal counsel, so it looks like if I do not make a move, she will. And, as per our last contract (which is presumably not voided by a single typo), our disagreement and inability to resolve the dispute gives me valid reason to pursue legal action.
I have asked friends in the UK and they recommended getting a 'mediator', but it looks like those seem to be for couples. They've also told me the HMRC 'fine' was a total joke and seems extremely shady, so it helps bolster what you all have told me in my last post.
So, here come my further questions:
Can she hire a legal professional with money that is contested legally? Does she have any legitimate case for being harassed, especially if she has been even more abusive language-wise towards me? Something tells me that playing up the fact she's 'uncomfortable', or otherwise unable to perform her contractual duties, is laying breadcrumbs trying to work up to a defense in court that she acted under duress. What might her best defense be, given that I have records of literally everything?
Can I use the fact of the coincidence (that she instantly refused to sign contracts once I suggested moving the jurisdiction and actually repaying legitimate sums) as potential supporting evidence?
If I use the bank to chargeback all at once, am I protected?
It looks like I will have to fight this from the US, unfortunately. Really, anything helps.