Basically how to defend the claim based on what I have said above.
Around June 2013 We had to pay three months in advance. They took one payment before we stopped paying. And they sent out contractors to do the work. When their person came out she would not sign off on the work.
You can't get out of it for not being safe etc - because its been there since June 2013
If you were that bothered about it you would have stopped using it straight away or indeed a short time after
In terms of changing the name, the same above applies - this is because you have waited too long
If you were concerned about changing the name you could have done it or started the process in June 2013
If you knew what you were signing then sadly you are liable for it
If there are ongoing losses you could defend that portion on the basis you are no longer in control of the machinery etc.
But you could not defend the arrears up until you left for the reasons above
The Judge would also have expected you to read the documents before signing
I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
They wont know if we did or did not use the machines. Also the machines are not on site we dont know where they are.
Ok so how would you defend the ongoing losses.
Because that is the main cost the balance of the lease which is 8.5 yrs approx.
Also if they are stolen whos responsibility is it since we left the property on the 14th december and notified them around that date.
If the lease was 8.5 years then you are responsible for that entire period.
If you leased it then you are responsible. Because you should have returned the equipment when you left.
If you lease it, you do not own it and are therefore responsible for it.
Can I clarify anything else about this?
Ok so if the machines are returned.
what would be the best case of trying to negate the balance of the lease
If they were returned then you would be liable for arrears and loss of profit for the remaining term.
Does this help?
Ok at the moment they are going for total payments etc for the balance being around 25k - 30k
if they are returned that drops to to 25k
how can I limit the balance on the 8.5 years.
Sadly you can only argue it should be loss of profit.
That is your only way.
Or declare yourself bankrupt if you do not own any assets and you would be discharged within 12 months
All debts would be wiped clean
Not an option.
What would loss of profit equate to
They would need to provide that figure. But it would be rental period less costs of expenses
So rental period being 6 months
less their costs
Yes, so the actual profit they would have made.
Considering they have the machines etc worth around 6k odd I imagine their profit side of things is massive
My other option was to offer to buy the machines
Yes you could do that, it may be cheaper.
Ok so I am expecting claim form next week, so steps are
2)Go to court on the day and use Loss of Profit as defence
Well I think you need to make a partial admission because you admit some of it.
3)Fall back position offer to purchase machines
I was going to start with unsafe installation etc
then work my way down.
Well that;s a non starter - because you waited so long
Can I clarify anything?
I think it actually took them till sept october to get out their to do the inspection.
they never actually commissioned the machines as installed and working
I dont think that is your strongest point.
You waited too long to raise that
so there is no other way to attack the fact that it wasnt installed correctly
Sadly I do not think that is your best point. If you had raised it straight away and complained time after time it would have been ok.
I know there was some compaints by my hotel manager but it basically just got left
But file a part admission
where can i get more information on the defence of loss of profit.
Then contact the company and try and negotiate a setlement
That's not a defence in itself - you are asking for them to mitigate their loss
Which could be loss of profit
They did mention mediation on their letter which i found strange havent seen that before
So u would not start of with offering to purchase the machines.
Direct to the company or wait till the claim form comes.
I would wait until the claim form comes
Thanks yes happy with answers much appreciated.