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    • In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
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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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Asset/tm legal claim form- old DJS (UK) Ltd. Pdl***Claim Struck Out***


Ekech
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You sure...? Normally struck out if they do not comply by..in your case 4.00pm today .

We could do with some help from you.

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I read it yesterday,

I will have to try and find it - it was talking about "relief from sanction".

 

So it would usually be struck out at 4pm today,

and I would receive papers to that effect and so I would do nothing?

 

Or I would apply to have the case struck out?

 

Would I still update my defence to the court?

 

I'm assuming as the original PoC has been struck out, and no further PoC has been submitted, there isn't actually anything for me to defend?

 

Here is what the court ordered.

 

1. The Particulars of claim are to be struck out because the fail to comply with CPR16.4 & PD16

 

2. By 4pm 20th Feb the claimant shall file and serve PoC which fully comply and set out in detail the claim against the Defendant to include when the agreement was entered, the nature, original parties and subsequent variation. Docs should be attached.

 

3. By 4pm 8th March the Defendant shall file and serve amended/further defence, and should address each allegation in the PoC.

 

4. - Just sets out the format of submitting / documents

Edited by dx100uk
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Right ...thanks so yes statement of claim already struck out....you must allow a few days...but if you have not received the amended particulars by the weekend...check with the court in case they have filed on time with them...but if not there requires no further action from your self...the claim has ended.

 

But you must keep checking ...if they submit late..fail to serve you a copy....inform the court.

We could do with some help from you.

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OK great, so just check with the court and do not disturb TM Legal.

 

Everything they have served me up to this point has been by email and very last minute.

But I will wait till Monday to call the court.

 

Fingers crossed they are just too incompetent to get the documents together in a reasonable time.

Edited by dx100uk
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Does this latest order state what happens if either of you fail to comply ?

We could do with some help from you.

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send them an email stating they are NOT to use this email for the serving of anything to do with the court claim XXXX

them block and bounce them.

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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Thanks, email sent them stating that receiving emails has been restricted and I will have no access to emails from today and that all papers are to be served to my home address. Will update as soon as I have one.

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Does this latest order state what happens if either of you fail to comply ?

 

Bump ?????

We could do with some help from you.

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  • 2 weeks later...

UPDATE: So the claimant failed to comply with the directions of the court to submit an updated PoC. I called the court and was advised to email them to request further directions from the court, which I did. I have received the following email today:

Good afternoon,

Your email has been referred to a District Judge who comments as follows:

“If the Claimant has not complied with the Order of 28th January 2019 (drawn 2nd February 2019) then the Particulars of Claim remain struck out.

No further action is required by the court.”

 

So, does this mean that as the PoC have been struck out that they cannot try to claim this again in court? It all seems like it was a bit too easy. 

Thank you to everyone who gave me advice on this, I would have had no idea what to do and it seems the holding defence was enough on it's own to get this struck out.

 

 

 

 

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They would require permission of the court to represent the claim again...or they could make application to challenge the strike out and get it back on track..all at further costs to them.....but for now its over.

Well done thread title updated.

Regards

Andy

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  • AndyOrch changed the title to Asset/tm legal claim form- old DJS (UK) Ltd. Pdl***Claim Struck Out***
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