THE solicitor representing a company that is petitioning to have Cherries wound up has said his client has taken action as an “absolute last resort”.

Details of the petition, which was presented to the High Court on November 21, were published in The London Gazette on Tuesday. The club is disputing the petition and has submitted a response.

Guy Davis, a partner in the London-based practice Portner, the petitioner’s solicitor, claims his client is owed £37,990 by AFC Bournemouth Limited.

He confirmed his client was David Lamey, the owner of the Magic Solutions Limited advertising agency.

Davis says the petition debt comprises around £8,000 for commission payments to Magic Solutions and a further £30,000 for a loan made by the company.

He claims Cherries’ new owners borrowed £25,000 to finance the transfer of Scott Guyett from Yeovil Town on the understanding they would repay £30,000.

Davis told the Daily Echo: “The petition was issued on November 21 following a letter before action.

“The petition relates, in part, to the purchase of a football player from Yeovil Town and not solely in respect of invoices rendered for outbound sales.”

Davis claims they are waiting for a response to the petition and the alleged debt remains outstanding.

He added: “I would also say this has been an absolute last resort by the petitioner who has used every effort to collect this money.”

AFC Bournemouth Limited was set up by the club’s new owners Paul Baker and Alastair Saverimutto following their purchase of the club in the summer.

Chief executive Saverimutto issued the following statement to UpTheCherries, an unofficial supporters’ website, on Wednesday.

It read: “AFCB (new co) engaged with (pre-administration) an outbound sales company to increase the resource of the club’s corporate sales function in July 08.

“The arrangement was commission based against ‘new revenues’ successfully achieved and collected for the club.

“However, this organisation invoiced the club against ‘existing renewal revenues’ from which the AFCB personnel secured, and therefore the respective invoices received were disputed.

“Although a part of the sums claimed have been accepted by AFCB, the petition brought against the club is for the total sum invoiced and therefore a full defence has been submitted for the petition to be set aside.

“For total clarity, this action will be fully dealt with by AFCB’s legal team and settled to the court’s satisfaction.

“Clearly it is with regret that the only resolution is through the court. However, the club will in no way accept liability for monies not due as a result of third party pressure.”

When contacted by the Echo last night, Saverimutto added: “In light of the comments made by Mr Davis, it should be noted that the disputed part of the claim remains 100 per cent disputed.

“The second part of the claim actually refers to business outside of AFCB. It refers to 3D |technology that was being |introduced into Magic Solutions from the USA on an exclusive basis and Magic Solutions entered into an agreement that enabled them to benefit from this 3D technology on an exclusive basis in the UK.

“It is a shame it has come to this but in light of the position we find ourselves in, AFCB feel that this should be aired in a court in order for all the facts and statements from our staff to be heard.”

The petition is due to be heard at the Royal Courts of Justice on January 28 at 10.30am.