Landlord aware of that 

Yes I have told the solicitor to stop leases process 

Yes they have given personal guarantee in writing.

one of the buyer do own the house as well 

solicitor only dealing with lease agreement and he doesn’t deal with civil matters.so he  is unable to help on this matter 

There is 1 middle men who took the responsibility  for them but they are not listening to him as well and he advised  me to change the lock and stop their entry.

Yes it’s restaurant business 

business is by the person I have sold  .

I am transferring lease to his name 

I have spoken to my solicitor lease is still in process. But he said I can’t remove him from lease without buyer permission. buyer is in breach of agreement.they have intentions to pay money at all . Landlord is happy to remove him from leas and leave my name . Landlord clearly said I know you and you bought the business from me not the other person (landlord were running his own business) 

At the moment lease is just contract nothing more  pending in land office 

Hi 

I have sold my restaurant business and the buyer is refusing to pay a remaining amount of £45k.

I was running a business under limited company and business was sold to limited company.

Its 6 months now he is just giving date after date. I am lease holder of the property and the lease is in process for the new buyer.

If I take legal action one of his workers told me that if you take legal action against company he wil dissolved the company. 

I have got another party, they willing buy the business. 

What are my options? 

Can i just throw them out of business and change locks etc and sell to the other party.

I have got a business debt on my company loan which I am working 7 days a week to just make minimum payment.

I need urgent help please. 

All the equipment was bought by me can I take control of the goods? 

Restaurant is very busy and they are making but is are paying what they owe me. 

It was a written agreement signed in front of 3  witness. 

Kind regards 

Hi cags

I hired web design company to design my e-commerce store.

I have discussed every thing about design time was set for 4 to 5 weeks .

Design was not what we discussed specially product pages.

They offered to add 30 products and will show me how add ,edit product

how to operate site which they never did.

50% deposit was paid and remaining 50% will be payable before go live.

once web site gone live i realize issues product image was showing up half awful on mobiles view and tablets.

they required remaining balance before the can do any work .

I needed go live just don't want create any argue

so paid the balance in line that any changes required they will and i have emailed from them to prove .

Since they got the money ignorance start no answer my phone calls .

so i requested them to provide me admin login details so i can do myself or pay somewhere else to do the work.

They refused me admin login details and set up as a user only

Stating that they don't give out admin login details

their explanation was that you can change what you like and some thing go wrong you will blame on us .

its nearly month now this game is going on .

last thursday i emailed them that you are leaving with no option to take legal action,

their response was go to court and we will take this email as pre-court letter.

website is ready to go live .

IN their contract i own the website, design ,content after full payment

.its wordpress e-commerce and i own the domain myself.

They knows that i wanted go live so playing games and causing me potential financial loss .

What is my options are?

Take legal action against them,

and pay some one else to website from scratch and claim the cost from them plus compensations

They have no legal right to take my website hostage.

when there is no dispute.

I am running out from options.

any advice will appreciated

thanks

and donation is done .thanks for all your help specially slick , dx. Andy, ims.

Hi Andy

claim dismissed and thanks for all your help.

I was there about 10 minuits .

no agreement to prove that account belong to me.

final verdict judge said.

that documents you requested never send to so claims dismissed.

and they are not bothered to attend the hearing

carter decided not to attend the hearing only rely on witness statement STRANGE?

I will write explain in brief later today.

Hi shaha

 

They refer to an agreement/contract within their witness statement and yet they fail to attach any as evidence of their claim...speaks volumes in my opinion.

 

The above is your defence...have you been directed to submit a witness statement of your own ?

 

Regards

 

 

 

Andy

Thanks Andy

I just changed few bits in my defence .I should seek here before submit my witness statement I just changed few bits .that's my witness statement. Can I change my witness statement?its to late and hearing is tomorrow.

any advice andy?

can i argue that unfair term in consumer regulation 1999 that whole claim are based on charges. any reference case laws?

hi dx thats my witness statement

. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

2. As per CIVIL PROCEDUE Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

3.0n 28.03.2014 letter bryan carter that account in dispute.

4.ON 03/04/2014 defendant send a letter to freddrickson international that account in dispute.

5.As per witness statement claimant admitted that that credit agreement is regulated by consumer credit 1974.ON 03/04/2014 defendant send a cca request to claimant which claimant fail to comply with and in breach of ss.5(2) 3b 6 and 7 of consumer protection from Unfair trading regulation 2008 CPUTR.

6.,ON 25/07/2014 Defendant send cpr31.14 to claimant and the CLAIMENT failed to comply with my request the claim was not allocated to small track that’s why cpr31.14 did applied.

7.Through out the history of from 2008 till up to date CLAIMENT failed to prove that account is any way reseated to me or show that how defendant reached to amount claimed. several times account was put on hold by claimant on letter dated 22/12/2009 account was placed on hold on letter dated 09/04/2014 was account was placed on hold.

8.on 11/02/2014 defendant received response from claimant of my SAR request based on information from claimant there is such no evidence that defendant had benefited from any services.

9. On the alternative, if the Claimant is an assignees of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the COUNSUMER CREDIT ACT Act 1974.

10.. The amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

11.. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. And fact stated above are true.

well ofcourse its not

strange ws

so how i go from here any advice?

court hearing is on 26/03/2015.

so you have the sar data

and can you prove the balance is unfair remainder of contract/ terminations fees>

 

 

dx

yes i can prove it.its cleary mention default charges.they still don't have any contract

.they need to provide something that account belong to me.

they admit that agreement is regulated cc1974

point 4 in their witness statement.

i did cca them last year .

is that ok

"Due to Confidentiality, I am unable to comment further about the outcome of my claim. I can, however, confirm that I am a very happy CAGger."

I can't say any more about how the case was concluded. I can say that I am quite happy.":lol:

hi citizen b

received a letter from carter today

asking me contact them to resolve this matter before hearing date to save further cost

and their client lowell happy to accept reasonable offer and

if i did not contact them they will apply to court defence to struck out.

AQ been filed with the court and said yes to medation.

my intention is to defend all they way even in the court.

As in their claim form they mention agreement so i send them cca request.3 weeks no reply

so what should be my next move?

mobile phone contract claim.

claiment lowell /bryan carter.

first dca was moorcraft and the balance was £169.00 in 2006.

then pass to lowell on 12/09/2008 balance £580.42.

lowell never provided any prof of debt.

just harassment.

sorry the last payment was made in 2011.

that was my defence:

. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement

referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant

the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14

and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

4. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136

of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

5. The amount claimed will likely to include an early termination charge(s) amounting to the entire balance of the remaining contract.

OFCOM guidance states that any Early Termination Charge that is made up of the entire balance

if the remaining contract is unlikely to be fair as it fails to take into account the fact

that the provider no longer has to provide and pay for their service.

6. By reason of the facts and matters set out above,

it is denied that the Claimant is entitled to the relief claimed or any relief.

I received court claims from Bryan carter/fred/lowell.

I did filed the defence.

and now received aq.

i did send cpr.31 request to Bryan and

received normal reply as same reply to all their request.

Account was in dispute with lowell due to non comply with request of copy of contract

and statment of account since 2009.

last payment was made in january 2009.

then debt pass to red and they only send me statement off account in 2011.

which was just early termination charges of £440.

I dispute with them and charges are unlawfull and all went quite.

in march this year lowell passed debt to fred and

i send FRED letter and explain that account in dispute and provide me copy of contract and statement of account

no answer from them and

received court claims.

totals balance was £580 and

i paid lowell £140 between 2008 and 2011.

can I apply n244 claims to be struck out.

update:

received offer from BC .but was very low so refused.case is with DJ in my local county court and waiting for direction.now time to start 2nd claim against BC should i start new thread for different credit card?

may this time work

any comments on that.?

i have received their defence.

1:account was sold debt company in 2009?

i have paid the full balance in august 2008. so they sold the account in 2009, after i have paid them.

they also denied that its sky card not Barclay card.

the agreement clear state that sky card issued by Barclay bank PLC t/a Barclaycard also in in every single statements.

They said account number is incorrect. followed by my SAR request its confirmed that account number is correct which is in my POC.

The balance when account was sold was £250.00 its also incorrect the last statement balance was over £800.

they also said that they did not receive any payment towards the account.

they sold the debt to debt company i have paid them its not my problem.

so how come balance went to zero in 2009 then? which shows in their statement.

rest of the defence is just standard defence.

ANY COMMENTS?