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    • Thank you. Yes, I remember now the file extension because they had already supplied some information. They've now ignored your letter of claim so I think that you start the next action – as well as of course, putting the bailiffs in on the existing judgement. In terms of the SAR, I think I had in mind that you would send a second SAR solely for the handset – and I suggest that you do that straightaway. Although generally speaking we don't limit SARs, in this case I think it would be useful to send an SAR which relates simply to this mystery handset. So three things – get a warrant Sue on the most recent disclosure breach SAR specific to the mysterious handset
    • DX - the lease agreement does state that the car has to be handed back in a drivable condition etc. SO I was forced to pay for the clutch repair to allow this to happen. It was a frozen morning when the girl turned up for the car - had I known this I wouldn't have repaired the bloody windscreen, but when it was booked it was crapping with rain for days...
    • BankFodder,   I didn't record calls, because they were simply me asking to speak to the complaints handler, and being told he will call back. Twice a day - and phone records will show this. If push comes to shove a FOI request for their call records will back this up. When you lease a car, you can take it with or without servicing - our broker advised not to take servicing. It was out of warranty after 3 years. But my argument is the lease was for 4 years/32K miles - although we extended if for an extra year, it was still within the mileage, and the clutch failed and the windscreen leaked. In my opinion it wasn't fit for purpose and the lease company are in breach of contract by leasing a vehicle as such.  
    • My signature on that cheque is nothing like my signature, but I took a copy of it in case they try to use it.    I have read up and maybe I should explain better the reasons I said I may be better off with them.   First I would look to settle and from what I have read you can often settle for anything from 50-80% of the total debt and secondly, if I cannot settle they cannot charge me the 14.9% BC will charge me, although from what you have said it sounds like I am wrong?    
    • Would have been better that you didn't give them a signature to lift, but difficult times persist.   As for better being with a fleecing dca than the OC..well no as an OC does issue speculative court claims on a whim.   you need to get reading up here on cag
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

My Shops Been Repossessed Please Help


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Hi, please I don't know where to start.

 

I took on a 5 year commercial lease in July 2017 & I have paid the rent every month & on time, I'm also one month in front with it.

 

But in July 2018 the rent was due to rise by app £10 per week, which I refused to pay because the landlord didn't address the buildings problems even though I was paying his buildings insurance.

 

I arrived at the shop this morning & the locks had been changed & it had been repossessed.

I hadn't received any correspondence whatsoever regarding this.

 

The landlord had instructed his solicitors to employ bailiffs or sheriffs to do it.

 

Can this be legal?

When I'm a month in front with the rent.

I haven't broken the lease in any other way,

but he has.

Thanks

Edited by dx100uk
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes that's the same landlord (sorry the site keeps signing me out) apart from refusing to pay the extra £10 per week since July 2018 in up to date plus a month in front with the rent. And there are no other issues that I'm aware of.

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Cant just change the locks without going through procedure....you should apply to the court for 'relief from forfeiture and takes back possession and claim compensation for losses incurred as a result of wrongful eviction..you have not breached the lease.

 

http://www.warekay.co.uk/news-updates/litigation/2015/how-to-evict-a-commercial-tenant.aspx

 

Andy

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Well after spending the day reading up on the law I'm a little bit more informed, but I need a solicitor so I have an appointment with one tomorrow.

I'll report back afterwards, thank you.

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Hi,

It was a 'forfeiture of lease' due to an outstanding balance of £160 owing in rent.

Where rent is owed the landlord doesn't have to serve notice or get a court order, they simply instruct a bailiff to make 'peaceful entry' and change the locks.

The landlord then takes possession of goods etc inside the premises to secure against the money owed.

 

Its totally legal for a landlord to close a business down even for a small amount of money owed.

You'd think that there would be a minimum ie £1000? But there isn't.

I dont have a leg to stand on even though the building wasn't maintained etc.

 

I'll apply for 'relief from forfeiture' to the court.

It tends to be granted if the tenant remedies the situation which would be rent owed, bailiffs & solicitors fees.

This then, if granted, reinstates the lease.

 

My question now if you can help me is,

now that the lease has been forfeited,

am I still liable to pay the remainder of the rent,

ie the 4 year lease that's left,

as the lease has effectively been terminated.

 

And if relief is granted & the lease restored,

does that mean I will be liable for the remainder of the lease rent.

 

Thanks

Edited by dx100uk
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Okay so there are arrears due to the rent increase which you didn't agree with.....its always risky to withhold rent whether you agree to it or not for what ever reason.

 

With regards to future rent you would have to check your lease and see if that is a term re future rent after termination.

 

Its not normal for the tenant to pay building insurance on a commercial lease...that is normally the responsibility of the Landlord...the tenant normally pays contents insurance...so you may have a little wriggle room in negotiations and getting the lease back in force....providing he addresses your concerns re the building problems.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy,

It's written into my lease that I pay his buildings insurance.

It also says that as a Tenant I'll be exempt from the Landlord & Tenant Act 1954.

It also states asbestos is his responsibility.

 

Could you recommend a fixed fee solicitor please?

It's only a small business so I don't have the funds in the bank & all my assets are in the shop

(wedding dresses etc, some which belong to my customer's not me)

As of this week there's no money coming in.

 

Thanks

Edited by dx100uk
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Thanks Andy,

It's written into my lease that I pay his buildings insurance. Not normal and unfair term

It also says that as a Tenant I'll be exempt from the Landlord & Tenant Act 1954. A tenancy must not be specifically excluded from the 1954 Act. If the 1954 Act does apply, the tenancy will automatically benefit from security of tenure.

It also states asbestos is his responsibility.

 

Could you recommend a fixed fee solicitor please? Afraid not its against Forum Rules....there are plenty out there that will offer a free consultation

It's only a small business so I don't have the funds in the bank & all my assets are in the shop (wedding dresses etc, some which belong to my customer's not me)

As of this week there's no money coming in. Does your insurance offer anything against loss of income ?

Thanks

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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