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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have signed a document without reading it on trust ,that i

Customer Question

i have signed a document without reading it on trust ,that i have received the money in cash (which was supposed to be paid) ,but i actually never received it as it was to be paid after the consent of the landlord for the new tenancy for this new tenant to whom i was transferring the tenancy of the premises for this amount, for fitting ,fixture and good will.
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

Could you please explain your situation a little more?

Customer: replied 5 months ago.
I had a shop premises ,which i leased from 2007 ,i needed to wrap up the business,so i found a person who was ready to take over and we settled on phone and latter in one meeting to euro 8000(shop is in berlin) ,we discussed we will meet up with land lord on the premises and if he agreed ,he can have keys&i will euro 8000..on 19/5/2016 we held a meeting with three of us at 8.am as i need to leave for airport at 8.30 am --we agreed as we have talked before on phone ,land lord said he will need new tenants details and few days to decide ,which i said o.k we shook hands ,speak was half in english 1/2 in deutsche -both pthers understood english --one lady who was off-passing the shop for me was also present ,before i left ,this new tenant pulled a letter from his sleeves and asked me to sign it if i agree to the talk /deal -i signed it without reading ,it was in german(my mistake) ,in it he had written ,that he had already given me eoro 7000 cash --i did not read it -i left for airport ,land lord agreed ,he got this payment paper and granted him new contract -he came to shop ,shouted at the ladt staff,changed the locks and threw her out -she managed to call me ,i called the land lord ,who said ,cant do any thing ,my contract is not finished yet ,i have not stopped the rent or any thing else ,but was thrown out --now land lord is holding the keys for the premises and nothing is coming out -if i go against this new tenat to court ,what i had to stand on ,land lord knows ,that day no money changed hand ,and lady is also a witness ,previous one meeting with this new tenat was also on premesis ,with this lady present as witness ,that no money changed hand +there was no reason for him to give me the money ,as we did not know ,whether land lord will agree to this new tenant .so he has no reason to pay + i never asked him the money ,because i didnot know either what will be the outcome of meeting with l/lord--where do i stand against this cheat in court in berlin ?
Customer: replied 5 months ago.
kindly reply --
Customer: replied 5 months ago.
i have already paid £38 by card --
Customer: replied 5 months ago.
i would prefer a written answer -kindly oblige
Expert:  Ash replied 5 months ago.

Sorry I was just on the train. Just to be clear, you had a contract which you were going to assign to a new tenant, but the Landlord wouldnt let you? I do not quite understand your sentences?

Customer: replied 5 months ago.
with new tenant i agreed a sum of euro 8000,-now we made an oppoint ment with land lord ,to see his view and i exoplained the land lord all the deal --he said he would need time to consider and he asked the new tenant to be supply him required informations,before i left new tenant asked me to sign ,that i agree to give him the shop once l/lord says o.k -he forwarded me a written paper with german and pointed me to sign ,i signed without reading it and left for air port --in that paper was written,that out of 8000,i have already received 7000 in cash ,which was absolutely untrue --on seeing this paper l/lord gave him new contract and he threw my staff out and changed the lock --now l/lord holds the key ,premises are locked --my question is if i go to court ,do i have any chance ,-one witness(the lady who managed the shop ) was all the time there -whenever i met new tenant or l/lord or both together --thanks
Expert:  Ash replied 5 months ago.

So why did you sign it without reading it? What is it you want to achieve?

Customer: replied 5 months ago.
i trusted the talk we held that morning --i never thought ,new tenant will cheat for such a sum ,as i was giving him a much worth in shop ---
Customer: replied 5 months ago.
it was a mistake in not reading it --
Customer: replied 5 months ago.
money never changed hand --i know i made a mistake ,but is there any hope of challenging this cheat?
Expert:  Ash replied 5 months ago.

So he is saying you owe him money when you dont?

Customer: replied 5 months ago.
no -he is holding a new contract on this falsified payment--and came to shop and changed the lock and threw my staff out --i did not get the money he owed me --
Expert:  Ash replied 5 months ago.

So you owe him money? Is this premises in the UK?

Customer: replied 5 months ago.
no-he did not pay me ,but taken over the shop ,just on the basis of my signature,he managed to extract a new contract from the l/lord ,while my lease is still running --shop is in BERLIN -Germany
Expert:  Ash replied 5 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.

Given the shop is in Germany you may not be able to do it online, so may need a paper copy.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 5 months ago.
i live in u.k -is it possible can i file my case in the u.k court?
Expert:  Ash replied 5 months ago.

yes you can - did you see my response above?
Alex

Expert:  Ash replied 5 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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