Im due in court on the 13th of may so u have a little time, its contract law and fraud if that helps ? Just need to kinda know, before i go and report it to the fraud squad.
yes i have filed a defence, based on full and final and the fraudulant signature, had 14 days from the 14th april
They said back in 2008 that i signed the head lease in 1998, i know i didnt when i asked for a copy they kept saying ye we will send you one, it never arrived, by then i had no choice but to sign an under lease to try and recoop monies back from the sub lessees in the pub.
The judge said no the sub lesses didnt have to pay it was down to me so lost my home, escaped bancrupcy tho, and thought that was the full and final settlement and that all matters had been finished with.
I have had nothing to do with the pub in 8 years as wellington pub co were dealing with them direct.
It wasnt till i received a court order through the post on the 20th of April, which kind of surprised me, that i realised the rotton lousy B******** had double crossed me.
They are going for forfeiture of the lease and £253K, im guessing under privity of contract, which was how they got me before.
I now have a copy of the 1996/98 head lease and it is def not my signature, that is fraud ?
When they sent all the paperwork through, funny enough the head lease is still missing the back page where my signature and that of my ex husbands signature is, i find that strange and suspect to say the least, im guessing it means they are worried.
hope this helps.
Ida E Bowes
PS have cut and pasted my defense to this
CLAIM NO B00PO178
I hereby offer this letter as my defence against Wellington pub Company.
I totally and utterly dispute the signature contained within the original lease, when the lease was assigned to myself and that of Mr Alan Bowes in 1998. I believe it to be a forgery. (doc enc)
In 2008, when I paid monies due from the charges and selling of my home, I was led to believe that this was in full and final settlement of all and any dealings with Wellington Pub Co, it would seem I didn't receive either a receipt and or letter to the fact.
I dispute the overriding lease as being a legally binding document. due to the alleged forged signature on the original lease and that of the full and final settlement agreement reached in 2008. This was also signed under duress at a very difficult and stressful time at the thought of being made homeless and bankrupt. (this was before I received a copy of the original lease).
Wellington Pub Company are in breach of their contract concerning the alleged forged signature, and full and final settlement agreement.
I have had no dealings with Wellington Pub Company in the last 7 years and no dealings with The Colonial Bar in the same time frame, I believe the claimant has been directly dealing with the sub lessees as admitted in 15. of the particulars, and that they have been paying the rent directly to Wellington Pub Co.
With regards ***** ***** I believe the Sub lessees are on a fully insuring and repairing lease as was standard issue from London Inns, they are also in breach of their lease, allowing the building to fall into disrepair and not paying the rent.
With regards ***** ***** of the lease, the 20 year lease is due to expire in December of 2015.
Wellington Pub company have still failed to send me a copy of the back page of the twenty year lease, despite asking a number of times. I can only surmise that they do know that the signature contained within it, is infact not my signature and are afraid of the consequences. I however managed to obtain a copy from the Official Receiver. ( please see end of annex 2 of the bundle)
I ask the court to compel Wellington Pub Co to release the back page for comparisons, it would be in their best interest.
I will undertake to release any documents I have in my possession containing my signature from the date of the lease and going forward, and make myself available for all or any investigations, including criminal, Wellington Pub Company deem necessary to conclude these matters.
I give this as a true statement of my defense
Ms I E Bowes
No not yet, im due in court on the 13th of May 2015, not quite sure what will happen as i have used the fraud as my defence, thats a serious allegation.
I do know that the onus is on the pub co prove otherwise.
CMC = Case Management Conference ?
They are so big headed they probably think i wont go through with it, One Bar None are the property company behind Wellington Pub Company.