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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.  
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Lloyds - If went to court - extra costs claimable? lloyds


robert_harper_2000
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  • 3 weeks later...

yes - most probably still fine. but start getting everything ready. there was info on another thread stating what the court had asked a claimaint to prepare. I cant remember what/where it is now but it didn't look like a frightening amount of work. sorry a bit tired now. the bank doesn't want to go to court.

take care,

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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court on the 16th ... shall I prepare my case?? Or is this typical of this solicitor serc ones.

 

Has anyone been to court over this from Lloyds yet??

 

Hi Robert.

I think yes you should prepare for court. Although no one has yet been to court it could potentially happen and it could be anyone of us. On my thread last week I posted a list of what I thought I might need. No one responded negatively so I guess that's a good sign..You're welcome to use my list.:)

Good luck

saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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Hi Robert,

 

Might be worth giving the solicitors a bell and just "confirming that they (sols) have received the notification of court date", and perhaps mentioning "I'm still prepared to settle if you're willing to make an offer..."

 

As other people have said - the bank doesn't want to go to court. From the level of competence I've seen on this forum from SCM though, I'm willing to put money on them having lost the documents... :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi Robert

I believe she can take someone to act on her behalf. The best preparation is reading around this site, understanding te small claims system, knowing their arguments well and having replies prepared to respond to all of their bullsh*t. Also prepare documents you may wish to use in court. Good luck

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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I have a hearing date of 6/10/06 and haven't heard a thing from SCM. Advice please someone, should I call them and ask if they are aware of the court date and ask if they wish to settle now. Or is it better to just sit tight and prepare for the day.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

Forum InfoContact

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It's down to your own judgement Vikki. As someone else has mentioned in another thread - if you call the solicitors now and they weren't aware of the course, they may send someone to ask for a stay while they prepare their defense, etc. If they aren't made aware, it could be that you turn up at the court and Lloyds don't send anyone - so you win by default.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I think Lloyds TSB have forgotten about my due date... will be reminding them; however if I went to court would I be able to claim for travel and time etc? Plus would I be able to add my additional charges I had since started the claim?

Thanks

Help me to help others!

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Generally speaking you can't recover costs other than court fees on the small claims track. The exception would be where the other side screwed up. Usually, for example, if you got a default judgment and they applied to set it aside then you could get some costs for attending the hearing. I got £50 for my set aside hearing although that was about a quarter of what it cost me in billable time- it's up to the judge on the day.

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Civil Procedure Rules 27.14(3)(b) and 27.14(3)© state that the court may order a party to pay all or part of your reasonably incurred travel expenses and a sum of not more than £50 per day for loss of earnings.

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  • 2 weeks later...

Hi Robert. I imagine it will be all done and dusted before court as usual, however you should be prepared with documents etc. Did you call as suggested in reload's post #12 on your thread? That is certainly what kickstarted my claim which was settled unconditionally in full last week. Le us know what they say

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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She got her settlement letters, she had just not been opening her letterS!!!! arghhhh!! I've sent off acceptance for her and have setup a standing order for her wages with a direct debit for her credit card. She only owes £980 ish she'll be clear in a year!

 

Thanks, she is very grateful!

Help me to help others!

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