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    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Commercial business lease - Letter before Action - Negotiation not going well


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Hi

Wondered if I could get a little advise please.

I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed.

I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns.

They have now instructed solicitors to send letter before action claiming just over £4000.

The lease was mine and so the debt. I know this.

I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months.

I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'.

I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer.

I wondered if they take me to court, could I ask for mediation?

I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table?

Thanks for your help.

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  • dx100uk changed the title to Commercial business lease - Letter before Action - Negotiation not going well

Topic title amended for clarity

 

you get mediation if you both parties agree.

but again you might hit the same brick wall.

were you a sole trader or was it a ltd company?

dx

 

.

 

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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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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Posted (edited)

Thanks No permission was given to leave the property. I accept liability.

I was just hoping that I could limit the damage / court action by negotiating a lower settlement with the landlord.

I am negotiating with my ex (commercial) landlord's solicitor for a debt I owe for rent. This has been going on for a little while and I expect they may go ahead with the court action they threaten.

I wanted to ask however,

In the event this action goes ahead, I think will have a response pack sent to me from the court, along with the claim.

Google tells me that a section of this response pack is a 'Admit the claim and ask for time to pay'.

Would this time to pay, if accepted also mean a CCJ registered against me?

Thanks

Edited by dx100uk
no need to use @username.
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  • AndyOrch changed the title to Commercial business lease - Letter before Action - Negotiation not going well

Topics merged please do not start further topics on the same issue

Yes it would be registered as a CCJ.

 

 

 

.

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We could do with some help from you.

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If you were to try try to reach a settlement it must be done preferably  before allocation of the claim or better still before they issue the claim.

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We could do with some help from you.

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Posted (edited)

Thanks  no official claim has been issued as yet.

The solicitors stated that they 'have the paperwork ready' in case I don't / can't pay up.

I have sent over a last attempt to settle but they seem to be playing hard ball.

My offer isn't far off what they are asking for and the result of them not agreeing will mean a CCJ for me, but them getting their money many years when I submit my income/expenditure form (Just a part time job).

Guess will have to wait and see.

Thanks again

Edited by dx100uk
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Retain all your paperwork with regards to trying to settle...come back if /when you actually receive a Letter of Claim or Letter before Claim.

Edit I see they have actually issued one... come back if they issue a claim.

 

 

 

.

 

.

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Good morning.

I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this.

However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else?

Thanks

--------------------------------------------------

Dear Sir.
 
With regards your last email below.
 
I am pleased to agree to the full and final settlement figure given below.
 
Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?
 
Best regards
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2 hours ago, Restart said:

Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?

Dear (insert Name)

Will you please confirm in writing payment of £xxxxxx is accepted as full and final payment of rent arrears for commercial lease (insert dates) for rental on  property (insert address) and please provide a receipt of payment.

Yours Sincerely 

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