Author Topic: HELP LPLEASE - monday court to PG on old landlord premises  (Read 995 times)

big wazza

  • *
  • Posts: 1
Hi All

I am going to court next monday as i am being taken to court by my old commercial landlord for £9500 as i PG'd the lease.

the case itself is a weird one as i was trading for 4 years from his building and to be honest always owed him money but he was fine with that and then on October last year we suddenly had a court high sherrif or something come in and say that a court order had been obtained for the money and I explained i had not been notified of this or indeed been to court.

He explained that a landlord is one of the only people that are allowed to obtain a court order without notification etc. Anyway i came to an arrangement to pay monthly on top of my rent and i was paying £750 a month on top of my £1500 a month rent. I paid every month and the bailiff was fine.

One morning in march we turned up for work and he had entered the building changed the locks and put the standard notice in the window.

I rang the bailliff who was shocked and said "He cant do that because you have an arrangement and you are up to date" as we are a garage we had customers cars inside so i rang the solicitor and after a few hours they gave me a license to trade for a week so we could get the cars out and move.

He never seized any assets etc and on the friday we had to leave the building which we did. We did not ever receive anything in writing. We never had any letters about the rent, we had never even got into a conversation with the landlord about asking us to move out ....nothing at all. We still also had 1 1/2 yrs on the lease (so did me a favour in some respects). He also threw a couple of other businesses out on the estate the same day even though they did not owe him any money.

He has since let them back in on a 6 month license to trade.

I then had letters from his solicitors about the rent arrears of £9500 and i wrote back to them stating that i did not contest that i owed him money just i was asking for a reasonable time to pay. I also stated that the move had cost us £4500 and we have now lost 50% of our business as we are now in a rural location.

I then got served a stat demand and again i asked them not to make me bankrupt as by my calculations they would not receive any money as there is little equity in the house, i have 2 mortgages, 3 charges and a wife who owns 50% and also prove my father paid the mortgatge for 2008/2009 so he has £12000 as well. So that leaves it in negative equity.

I asked them to take me to a normal court, get a normal court order and put a charge on my house and that way i can pay it back at £500 a month.

The did not accept this by not replying at all and forged forwards with the bankruptcy order.

I am today once again going to make an offer of paying them over a period of 12 months. to see what i can stop it from the court.

i can only think that this is now a personal attack rather than about money as he is a multi millionaire too.

I need to know any ADVICE rather rapidly and

also i remember reading somewhere before that if a stat demand is issued, any other of the mortgage holders HAVE to be notified independently. Is this correct as this has not happened.

PLEASE advice very very welcome

Steven Jackson

  • Hero Member
  • *****
  • Posts: 281
Re: HELP LPLEASE - monday court to PG on old landlord premises
« Reply #1 on: Jun 21, 2010, 07:10:11 PM »
Hi there
 
If a Statutory Demand is issued, this does then give the creditor to option to apply for a bankruptcy petition. It is possible to contest the debt if you believe it is false or incorrect. However, in your case you agree that you owe the money. I can then only assume that this is a vindictive personal attack against you.
 
As such, if a bankruptcy petition is granted, the only way to stop the order being granted is to go to court and contest it at the hearing. I would have thought that you would have a very good case given that you can show you have and are making reasonable offers to pay and there would be no financial gain in bankrupting you given the lack of equity in your property.
Debt Expert
ivainformation.com