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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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Are these CCA's enforceable


shirei12
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Absolutely Shirei not that it will need much of a defence.

 

Regards

 

Andy

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I have had a reply to the CPR 31.14. today. All they have done is forward the request to HFC and put the account on hold. How on earth can they put this on hold if it is with the courts???

quote:" These documents should be with you as soon as possible" I know from experience how long HFC take to respond (if at all).

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Keep a copy of that response would be nice to attach it to your AQ:oops:

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Hi Shirei

 

No 33 days in total 5 deemed served so that leaves 28.Fourteen to to AoS and a further to fourteen to submit said defence.Check your dates!!!!!

 

 

Regards

 

Andy

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I make it 31st August but a quick phone call will confirm Shirei.

 

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Andy

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Lets leave it till Friday (27th) Shirei, ill post you a short draft before then to peruse

 

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Andy

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Whats the value of this claim Shirei and which proposed track?

 

 

Andy

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I did some thread trawling and found this short defence by foolishgirl:

 

1. I, xxxx of xxxxx make this statement as my defence to the claim brought by xxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

I believe the above statement to be true and factual

Signed

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Yes thats fine Shirei dont forget to print your receipt MCOL

 

Regards

 

Andy

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Yes you dont have time to go through all that rigmarole and CPR is very restricted to SCT cases anyway, as i have stated in another thread they prob wont agree anyway or mislead you and you end up missing your defence date.Submit it and relax and have a good weekend.

 

Regards

 

Andy

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  • 2 weeks later...

I have today received communication from Sols. They have received defence from court and their client does not accept such and they state they have written to court to request transfer to our local court and proceed as a defended matter.

They have noted contents of defence and requested the evidence which will form the basis of their case (ie what I requested in CPR 31 I4 presume) They will forward this in due course and they do not anticipate it will take longer than 7 days from date of letter.

Their client is also prepared to accept any settlement offer or suitable monthly instalment arrangement.

Edited by shirei12
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Hi Shirei

 

 

Whats the bump for why sad:sad:

 

 

Andy

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