Major issue with a debt... court now involved

Mike_St_Helens

Can some one tell me, if we dispute some of the claim they have made... legitimate reasons... we agree with around £4k of it... who makes the decision who owes what etc etc if the brewery say we still owe the full £25k

Thanks

MrsTinks

so hang on... you handed back the keys... no-one signed anything to say you were giving back the lease... uhmmm doesn't that mean you still technically have a lease on it and they have fraudulently RESOLD it to someone else?

Just a thought...

Mike_St_Helens

I get ya....

I do agree with some of the amount, fair and square... Your right but im sure in he inch thick... ind im nieve.... that they can just shift the lease on as they talk about landlords, superior landlords, owners, high lessees all sorts of crap!

cant afford a solicitor exept for my payplan peeps who are fab !

up the creek without a paddle !

jazzyjustlaw

I know you say you cannot afford it but you need Solicitors advice. Courts cannot even advise you of the forms these days. As you say you do not know the technical terms and it appears you do not know the procedure either.

Mike_St_Helens

Hi... Just to update you... If your intrerested !

went to a solicitors on Friday.. usless wanted £500 to even start speaking to me. Went to CAB, they couldnt fit me in till may 2012.... So mad me, went to the courts itself... They were brilliant, showed me exactyl what to put where, what to say and how to word everything. Even after telling them my situation, said well no judge in the world will let them get away with that !

They were brill.

Filed my defense today, felt quite good really knowing I could do it myself, I was even surprised myself at some of the big words i used !

Ill kepp you updates.

Brewery = Baffoons

Bossyboots

Mike_St_Helens wrote:

So mad me, went to the courts itself... They were brilliant, showed me exactyl what to put where, what to say and how to word everything. Even after telling them my situation, said well no judge in the world will let them get away with that !

I have to say I think the court staff have overstepped the line in doing that. They can assist you with what part of what you need to say goes where, but they are not allowed to tell you what to say, how to word anything and they are especially NOT allowed to offer an opinion on what the outcome of a case would be.

I am astounded that someone has done this.

Toto

Regardless of what the staff should have done I am glad they did help you. I am also really pleased you are standing up and saying no to the brewery. Good for you!

I really hope you get this sorted quickly so you can get on with dealing with the rest of the mess you have been landed with.

Mike_St_Helens

Thanks TOTO.

Im sure they shouldnt have said what they did.... But at the end of the day they are there to help.. so he is allowed to word things etc etc... Possibly not togive an opinion, perhaps that was just his opinion.

Stilll.... Ill not let them fools at that brewery get me over a barell !! HE HE

Apple_2

I hate to be the only person here who seems negative, but too many people have said 'oh they can't do that!' . A note of caution, the devil is in the detail. Two things that struck me :
The lease sold on. It could be, and I only say could, that the brewey have signed a lease with the new owner giving them a rent-free period. The original lease with the OP will be for a specified period, if the same rent due from the OP in that period is not achieved from the new tenant, then legally the OP is still liable.
The refurb. This is almost irrelevant. If you sign a lease and agree to refurb the property the rent will take account of this being done. The rent per the lease is due. Both parties signed/agreed this.
Sorry for not jumping on the bandwagon. All I'm saying is the lease is the legal document setting out what can and can't be done. We all know big companies screw us with the small-print.
The good news is they can't take what you haven't got Mike. I imagine the negotiating down their claim will take a long time so stick to your guns.

Best of Luck

Mike_St_Helens

Thanks Apple... I know exactly what you are saying. But as you agree... what more can they do ! they cant take what i havent got.... If they do come down heavy and the amount gets bigger and bigger... Bankrupcy will shut them all up ! harsh and difficult for me but.....

Thanks