I am in a legal dispute (VCAT) with my former partner. Long story but outline is as follows. It was originally agreed I would loan funds to my former partner for the purposes of starting & maintaining a business in the early stages. It was verbally agreed all funds were loans & that he would re-pay those loans by way of regular weekly repayments.
All amounts loaned & all repayments were input to the business accounting software (ie MYOB). After a period of 5+yrs, my former partner decided he no longer wanted me to be a part of the business, changed all locks to prevent me from going back to collect my personal belongings from the business etc. At this point in time there was still a large sum of money owed to me but he has refused to pay back & is now saying i never loaned him money.
I have evidence by way of an email (in paper form) that was sent to my brother from my ex while I was within the business which stated amounts I had forwarded to my ex as well as (MYOB software) back-ups on CD disc which shows amounts loaned to my ex as well as the weekly repayments he made back to me (both cash & bank deposits) which are clearly marked 'loan repayments'.
He is now claiming I have fabricated all records (even though they are the exact same files he sent to his accountant at the time) & that I had never loaned him money hence refuses to pay back what he owes me (tens of thousands). His refusal to pay back the loans has financially destroyed me.
I guess my question is: How can I prove that those back-up files (on CD) have not been fabricated or modified & that all entries are in fact correct? I know I can check within the 'properties' tab which shows the creation & modified dates etc which i believe proves my case, but how do I prove it for VCAT purposes?? Does that make any sense?
Thanks in advance, any assistance would be greatly appreciated.
All amounts loaned & all repayments were input to the business accounting software (ie MYOB). After a period of 5+yrs, my former partner decided he no longer wanted me to be a part of the business, changed all locks to prevent me from going back to collect my personal belongings from the business etc. At this point in time there was still a large sum of money owed to me but he has refused to pay back & is now saying i never loaned him money.
I have evidence by way of an email (in paper form) that was sent to my brother from my ex while I was within the business which stated amounts I had forwarded to my ex as well as (MYOB software) back-ups on CD disc which shows amounts loaned to my ex as well as the weekly repayments he made back to me (both cash & bank deposits) which are clearly marked 'loan repayments'.
He is now claiming I have fabricated all records (even though they are the exact same files he sent to his accountant at the time) & that I had never loaned him money hence refuses to pay back what he owes me (tens of thousands). His refusal to pay back the loans has financially destroyed me.
I guess my question is: How can I prove that those back-up files (on CD) have not been fabricated or modified & that all entries are in fact correct? I know I can check within the 'properties' tab which shows the creation & modified dates etc which i believe proves my case, but how do I prove it for VCAT purposes?? Does that make any sense?
Thanks in advance, any assistance would be greatly appreciated.