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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a small cafe off a charity on a football ground where

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I run a small cafe off a charity on a football ground where I am groundsman. I have done so since Sept. I have only just been invoiced for the past season. I have told her in the past months I have the money to pay, but she has told me to hold on to it. When I took this cafe on there was a verbal agreement between myself and the chairperson that rental would only be paid when the cafe was open, as the pitches are closed if the weather is bad. I would never have rented the cafe if I had to pay rental when closed as I know this can happen quite often in the winter months and there would have been no point as the cafe only makes a bit of money.The chairwoman is now saying that I need to pay for every weekend whether open or closed and that was the agreement. She has changed the lock and my equipment is inside. Where do I stand on this? As I said I have only just received an invoice. I have the money to pay. Can you advise next steps. Thank you
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, there is no written agreement?Alex
Customer: replied 10 months ago.
No, there is no written agreement. The chairwoman was meant to do one but never did.
Expert:  Ash replied 10 months ago.
If she has changed the locks you need to apply to Court for relief. You need to get a form from the county Court office and make an application for relief from forfeiture. The Court will list the matter for hearing and decide whether you are entitled to possession back.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
I do not want possession back, as she has acted unprofessionally, I just want to know where I stand with payment for rental of cafe over the past year. She agreed that payment would only be made if the cafe was open, she is now saying it had to be paid for the weekends it was shut. When a football match is scheduled on the same pitches where the cafe is they do not have to pay again for a postponement due to bad weather, they are credited with another match.
Expert:  Ash replied 10 months ago.
Ok - then you just need to ask for your equipment back and if they say no, say you will seek a Court order. If they still refuse you can go to Court and seek an Order that you be allowed entry to remove your equipment.Does that clarify?Alex
Customer: replied 10 months ago.
It does about the equipment, but it's the verbal contract that I need clarification on. Is it just a case of her word against mine about payment for cafe and if so what can I do?
Expert:  Ash replied 10 months ago.
It is one word against another. But that does not mean there isnt a valid contract. Most contracts are verbal, they dont need to be in writing. A Judge needs to be satisfied on balance there was a verbal contract. On the basis you had possession of the property, there clearly was a verbal contract.Does that clarify?Alex
Customer: replied 10 months ago.
thank you it does. Just one more question. She asked for the key as she wanted to put some drinks in the fridge for a festival that was taking place, she then changed the lock. She then proceeded to sell the drinks and food and when asked about lock she said it was because I hadn't paid.Is this OK? I have copies of emails and invoiced sent and dates. I was only billed by the treasurer a few weeks ago and had contacted her to say I would pay this week, to which she had agreed. Surely a final demand should have been sent before this happened.?The treasurer verified that she had only sent a couple of recent invoices and knew nothing of the lock change or the verbal agreement. This is a charity with a commitee.
Expert:  Ash replied 10 months ago.
No, its still theft of your goods. They cant do this. Does that clarify? Alex
Customer: replied 10 months ago.
She also used Tea urn and dishwasher etc without permission as she didn't say she was selling things from cafe when she asked for the key. Her words were she wanted to store things in there. Is this ok to do?
Expert:  Ash replied 10 months ago.
No. Its your property. But if you just want to get your equipment back I would ask for access or get a Court order.You are better off getting rid by the sounds of it.Alex
Customer: replied 10 months ago.
I totally agree, but just wanted to be sure of the facts. Last thing, she said that I had verbally agreed to pay a month in advance every month. Which I didn't agree to, as the agreement was to pay only if it opened. If this was true, which it isn't, surely it is her responsibility to invoice me at the beginning of every month, which I have proof she has never done. Would this go in my favour if I went to court?
Expert:  Ash replied 10 months ago.
it certainly would. Does that help? Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
Thank you

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