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  • FIRST POST
    • whiteswan
    • By whiteswan 14th Jun 19, 12:05 AM
    • 168Posts
    • 100Thanks
    whiteswan
    I have been charged by a solicitor for a letter they sent myself ??
    • #1
    • 14th Jun 19, 12:05 AM
    I have been charged by a solicitor for a letter they sent myself ?? 14th Jun 19 at 12:05 AM
    Wasn't too sure where to put this............

    I own a Pub with a Pub Company - been here 16 years.

    A representative of the Pub Company tried to gain access behind my bar whilst I was not on the premises.

    He didn't identify himself and was quite rightly refused access.

    I then received a solicitors letter saying that I should have let him access wherever he wanted to as it is in my lease.

    I politely wrote back to them explaining that as he did not identify himself correctly or offer any form of id we cannot let anybody without proper id behind bar near to the stock or the tills and also for my staffs safety.

    However they have now sent me a bill for 200 for sending me the letter in the first place.

    Can they legally do this ? There was no warning I would be charged and no fees etc in their letter to myself.

    Can I now invoice them for my time and having to send a letter to them ?

    It seems really petty to be honest - especially after being here for such a long time with no problems at all - never missed a rent/beer payment and it's left a bad taste in my mouth to be fair.

    I have contacted the Brewery who they represent and hopefully they will just quash the charges - but am I allowed to write back - including a structure of my fees/time etc if I need to - or do I need to be legally qualified ?

    Dave
Page 2
    • whiteswan
    • By whiteswan 14th Jun 19, 9:05 PM
    • 168 Posts
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    whiteswan
    I note that OP stated:



    So, I suspect that one of their employees had that conversation with this person?

    If so, I think OP's potential liability would be inadequate training to their staff, and not much more. That *may* extend to owing a 200 bill (though the reasons are a bit iffy).
    Originally posted by Les79
    Luckily the person who was on the bar has been there for a good number of years and knows exactly how to deal with representatives from any number of suppliers etc.

    I have watched back the cctv - he appears to try and walk behind the bar whilst she is actually serving a customer - she stops him (there is no sound) - then there is an approx 15 second interaction with him and her - he doesn't produce any official id - he seems to mouth something and then walks out of the Pub.

    When I spoke to her she had told him to call me - he asked for my number - she said to him if you are actually from the Brewery then you will have his number - seems quite a reasonable assumption to me to be honest.

    You'd be surprised how many con men we get in the Pub.

    Including fake "help for heroes" people etc along with the "i'll make sure you pay no business rates" etc
    • whiteswan
    • By whiteswan 14th Jun 19, 9:08 PM
    • 168 Posts
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    whiteswan
    So did you not ask for ID and then give him the opportunity to,prove it, if he couldn't eg a phone call?
    A blanket " not unless you've got ID" with no room for exploring other ways to prove who he was seems bloody rude
    Originally posted by hollydays
    Hi - see my previous reply :-)

    She was actually serving customers at the time - and she is in no way, shape manner or form "rude" - but she did not know him and asked him to call me - he didn't.
    • hollydays
    • By hollydays 14th Jun 19, 9:17 PM
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    hollydays
    Hi - see my previous reply :-)

    She was actually serving customers at the time - and she is in no way, shape manner or form "rude" - but she did not know him and asked him to call me - he didn't.
    Originally posted by whiteswan
    Right, so did she ask for ID.
    • davidmcn
    • By davidmcn 14th Jun 19, 10:15 PM
    • 13,112 Posts
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    davidmcn
    And what does your lease say about access by the landlord?
    • Paul_DNAP
    • By Paul_DNAP 17th Jun 19, 9:12 AM
    • 679 Posts
    • 832 Thanks
    Paul_DNAP
    And what does your lease say about access by the landlord?
    Originally posted by davidmcn

    That is absolutely irrelevant as the visitor did not and could not/would not properly identify themselves as a bona fide representative of the landlord, and therefore was quite rightly asked to leave as a member of the general population who was caught trying to barge past the bar.


    I assume, had they had and shown proper ID then they would have been afforded every courtesy and privilege the landlord is entitled to.
    (Although I could be wrong, I often am.)
    • davidmcn
    • By davidmcn 17th Jun 19, 9:16 AM
    • 13,112 Posts
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    davidmcn
    That is absolutely irrelevant as the visitor did not and could not/would not properly identify themselves as a bona fide representative of the landlord, and therefore was quite rightly asked to leave as a member of the general population who was caught trying to barge past the bar.

    I assume, had they had and shown proper ID then they would have been afforded every courtesy and privilege the landlord is entitled to.
    Originally posted by Paul_DNAP
    I'm somewhat sceptical that someone whose job is visiting tenanted pubs to do this sort of thing would be acting as if they were a member of the general population trying to barge past the bar. Because they'd know what reaction to expect.

    In any event, what's in the lease is relevant if e.g. it says that routine visits should be by prior appointment.
    • snilloct1957
    • By snilloct1957 17th Jun 19, 9:48 AM
    • 208 Posts
    • 214 Thanks
    snilloct1957
    I'm somewhat sceptical that someone whose job is visiting tenanted pubs to do this sort of thing would be acting as if they were a member of the general population trying to barge past the bar. Because they'd know what reaction to expect.

    In any event, what's in the lease is relevant if e.g. it says that routine visits should be by prior appointment.
    Originally posted by davidmcn
    I agree with Paul DNAP above. The rep acted in a manner that put him on a collision course with the bar-person who, quite rightly, refused him entry. What is wrong with:- "Good morning/evening, my name is XXXX, I am from the brewery, is the manager available? I would like to carry out an inspection of the premises. Here is my ID and a phone number you can call to confirm my status." Going to a solicitor should be a last resort, not the first option.
    Last edited by snilloct1957; 17-06-2019 at 10:25 AM.
    • Colin_Maybe
    • By Colin_Maybe 17th Jun 19, 9:52 AM
    • 4,627 Posts
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    Colin_Maybe
    I agree with Paul DNAP above. The rep acted in a manner that put him on a collision course with the bar-person who quite rightly refused him entry. What is wrong with:- "Good morning/evening, my name is XXXX, I am from the brewery, is the manager available? I would like to carry out an inspection of the premises. Here is my ID and a phone number you can call to confirm my status." Going to a solicitor should be a last, not the first option.
    Originally posted by snilloct1957
    According to the OP/bar person.

    As previously stated by others can you really see a rep of a company just trying to enter the bar area without valid ID? If it doesn't make sense then it's usually not true.
    • snilloct1957
    • By snilloct1957 17th Jun 19, 10:03 AM
    • 208 Posts
    • 214 Thanks
    snilloct1957
    According to the OP/bar person.

    As previously stated by others can you really see a rep of a company just trying to enter the bar area without valid ID? If it doesn't make sense then it's usually not true.
    Originally posted by Colin_Maybe
    It's according to CCTV footage as well (see post # 21), which I'm sure the OP will make available to the brewery to show them why the rep was refused entry. He stormed off in a huff, making no attempt to show ID or explain his actions.
    Last edited by snilloct1957; 17-06-2019 at 10:24 AM.
    • Paul_DNAP
    • By Paul_DNAP 17th Jun 19, 11:10 AM
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    Paul_DNAP
    According to the OP/bar person.

    As previously stated by others can you really see a rep of a company just trying to enter the bar area without valid ID? If it doesn't make sense then it's usually not true.
    Originally posted by Colin_Maybe

    If they can charge 200 a pop every time they're refused, then yes I can see a nice little scam going on there somewhere, if someone with less than perfect scruples happened to be in that position.


    (EDIT - I hope I put enough "if"s in there to show it was hypothetical, but let it be clear that I am not accusing them of actually doing this, just saying that I can imagine a scenario where things like this could happen.)
    Last edited by Paul_DNAP; 17-06-2019 at 11:12 AM.
    (Although I could be wrong, I often am.)
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