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Why wont you issue proceedings for possession instead please?
because I am broke
I have spent over £25000 in legal fees already with the disputes I have with these people
we have spoken before and you gave me advice but I now have the full contract of rental and wanted to know if it allowed me to instruct bailifs
we sent them a letter from my accountant with the bill correctly set out
they replied through a solicitor saying I was simply trying to commit vat fraud
On what basis is the Solicitor saying you can't re-enter when it says you can please?
the solicitior is simply saying that the contract I have is badly worded and doesn't absolutely give me the right to enter
although when I read it, it does
Can you attach it here?
did that work ?
Yes hold on
I agree with the Solicitor
It only says you can go in and take goods
It does not say the lease can be forfeit for default.
It is poor drafting
So what you do need is a Court Order
but this costs thousands
and I just cant afford it
But it costs £280 to issue proceedings
You can do this yourself
You dont need a Solicitor
they already owe me £130,000
You just issue and say what what due, when it was due and the fact it has not been paid
The Court will then list the matter for hearing and decide whether o give possession
But based on the current document - no you can not
like a small claims ?
So Court possession is the ONLY way
Similar, but not the same
If you lose then potentially you are liable for costs of the other side
Can I clarify anything for you?
so is there a specific action I need to take ?
like a specific court action
what type of claim etc
The Court issues it and it is sent to the other side
They can file a defence
they have commited loads of breaches
The matter is then listed in Court and a Judge will decide whether to give possession there or set it down for a final hearing and giving directions
payment is only one
You need to detail everything
ok, thank you
Can I clarify anything else for you?
no thank you.
I appreciate your time
Happy to help
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