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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I would like to know if this letter makes sense and if there

Customer Question

I would like to know if this letter makes sense and if there is anything I should add or remove :
Reimbursement of Shop Premium & Damages
I am writing in regards ***** ***** shop premises: Abc Road, London, W1 4PQ.
In October 2012, I have transferred a total of £10,000 in your firm’s bank account. This was part of the £15,000 premium agreed with the landlord commercial lease of 20 years above mentioned premises.
After many months of pursuit, my last meeting with you in regards ***** ***** lease was on 28/02/2014. You failed to get the lease signed by the landlord, Mr. Darshan Singh Hujan, who is also your father.
In March 2014, I made the final few appointments with you and spent long hours at your office only to return without your attendance. Soon after, the landlord refused to provide a 20 years lease based on the agreed £15,000 premium, eventually refusing any sort of lease whatsoever. By then, you have started completely ignoring my communications.
I had to leave the shop with some cookers and machinery, leaving behind at least £50,000 worth of repair and building work. Therefore, since no lease has been signed and registered, I request that the amount of £10,000 premium be refunded to me immediately.
Furthermore, in our first meeting in October 2012, you convinced me that I do not require a lawyer, and your firm can represent me alongside the landlord lease registration, saving me thousands. As a legal practitioner, you should not have advised me as such due to conflict of interest. This now appears intentional as you have successfully driven me away without a lease. conduct, I expect an amount of £50,000 as compensation inconvenience, lost time, financial suffering, distress, and opportunity cost.
I will expect a response to this letter no later than 10 February 2015. If this matter is not resolved by then, I shall commence legal proceedings to recover my money without further notice to you.
Yours faithfully,
Fahim Khan
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Fahim my name is ***** ***** I will help you with this.

Alex Watts :

You should also add that you will be seeking to recover your legal costs as a result of the breach and also you seek to claim 8% interest on the sums claims pursuant to Section 69 of the County Courts Act 1984

Alex Watts :

Can I clarify anything about this today please?

Customer :

I would like to know:

1. whether making a compensation claim is appropriate as I have done it.

Customer :

2. the amount (50k) is reasonable or not?

Customer :

3. if the allegations i am making in the letter appropriate or not?

Customer :

4. i would also like to claim the £50K from the landlord (the solicitor's father) separately. will that be okay?

Customer :

5. if okay, under what Act can I make such claim? (money spent on work that should have come out of the landlord's pocket instead)

Alex Watts :

1. Yes compensation is appropriate.

Alex Watts :

2. If you can justify £50,000 then yes it is reasonable.

Alex Watts :

3. As long as you can justify the allegations you are fine.

Alex Watts :

4. It would need to be a joint claim

Alex Watts :

5. It would be breach of contract

Alex Watts :

Does that help?

Customer :

Re point number 4:

Aren't the landlord and solicitor separate parties? If I make a joint claim, do I address my letter to both of them?

Also, because the solicitor represented me lease, can he represent the landlord once i start a dispute with the landlord?

Alex Watts :

Yes they are separate. You would need to address a letter to them both.

Alex Watts :

The Landlord wont be able to represent the Landlord in this dispute

Alex Watts :

Does that help?

Customer :

But if I address both of them jointly, the solicitor will represent himself anyway right? So the landlord gets covered too in that process. Am I right?

Alex Watts :

Yes but not by the same Solicitor.

Alex Watts :

They need two letters

Alex Watts :

One each

Alex Watts :

The Solicitor wont be able to represent the Landlord in the proceedings he faces

Customer :

So, you are saying its a joint claim - but the proceedings are separate of them?

Alex Watts :

Correct. Does that make sense?

Customer :

Trying to make sense

Alex Watts :

Ok

Customer :

So if any one party pays up, dispute will be closed of them?

Alex Watts :

Yes

Customer :

Okay it makes sense

Alex Watts :

Good.

Alex Watts :

Can I clarify anything else ?

Customer :

Lastly, is there anyway I can make a different claim to the landlord?

Alex Watts :

If it arises out of the same facts then you need to claim against both as a joint claim

Alex Watts :

Its cheaper that way as only one set of proceedings

Customer :

The dispute or claim that I intend to make from the solicitor is

Alex Watts :

You dont have you sue the Solicitor and Landlord, you could just sue the Landlord if you want

Alex Watts :

Indeed

Customer :

Thats why I wrote - compensation inconvenience, lost time, financial suffering, distress, and opportunity cost.

Customer :

Not the money I have spent on building the premises

Alex Watts :

Yes of course.

Alex Watts :

If you want two claims, then by all means do that

Customer :

I want to, but only if this seems legitimate/reasonable

Customer :

Like you said the facts are the same

Alex Watts :

Of course, I think it does given the circumstance.s

Alex Watts :

But I would issue against both on one claim

Customer :

Okay great

Customer :

thank you very much

Alex Watts :

Can I help with anything else today?

Customer :

If you could refer me to the 8% interest claim that you mentioned?

Alex Watts :

Section 69 County Courts Act 1984

Customer :

okay thank you. that will be all . i will get in touch if anything comes up and rate your answer

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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