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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Dear Sirs, I am being taken to small claims court amount of

Customer Question

Dear Sirs, I am being taken to small claims court for an amount of £2500.00 being three months rent on a stall in an antique arcade in Hatton Garden, London. I do not dispute the two months in arrears, but as the security cameras (CCTV) were turned to face the wall by person or persons unknown, I left the stand at once (last Friday) and have refused to pay next months rent.
There have been several very large thefts on either side of me in the arcade and when I met with the owner on Monday last, he reacted very badly, calling me a 'prick' grabbing me by the arm, calling my (very expensive) stock 'rubbish' and banning me from his premises for life. He also said that I could 'keep your f**king money - I don't want it!' but has now sent an email giving me till Friday to pay or he will take me to court.
Can I counter sue for harassment, lost of earnings, his physical attack on me and my lost of face in front of some of my customers?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The fact that he physically assaulted and defamed your business in public gives you grounds to say the contract with him was terminated. I would write back to him as follows:

(i) Say you deny any liability for the money, and say that he released you from liability when he physically assaulted you;

(ii) Say that from his conduct he terminated the contract and if anything he is liable for damages for breach of contract and for defaming his business;

(iii) Say that his attempts to demand money from you amount to harassment and a criminal offence under S.40 of the Administration of Justice Act 1970;

(iv) If he does not drop the matter you reserve the right to counter sue him for breach of contract and defamation;

(v) Say you have not decided as yet whether to report the physical assault he committed on you to the police but reserve the right to do this also.

On a side note I would take this opportunity to write the outlines of a witness statement and get any confirmation of other witnesses.

If he drops the matter do you still want to sue him?

Kind regards AJ

Expert:  Alex J. replied 1 year ago.

Can I assist you any further with this? I would be most grateful if you could take a moment to rate my answer in the mean time? Kind regards AJ