Have you already paid everything which you have agreed to? If not, why not?
If you agreed to part of the money, why are they taking you to court?
Could we have the background detail please?
You say the 28 days given by the County Court. Do you mean to submit the acknowledgement and defence or do you mean the time to pay a judgement?
They are entitled to their legal costs in respect of enforcing the terms of the lease.
Hence, expenses incurred by your lender are whatever they are. That is a different argument because that’s an argument with your lender.
The court fees are whatever the court fees are for the amount of money in issue.
They have issued court fees which are presumably under £10,000, small claims limit and hence, they would be entitled to the hundred pounds fixed solicitors fees.
The only issues therefore seem to be the debt collectors fees, the £455 legal fee debt collectors which I am not certain is duplicated or is the same cost and 30 letters to court which seems excessive but I don’t know what those costs are in respect of those letters.
I am confused. You talk about £720 expenses incurred by the lender but now you talk about £720 expenses incurred by the landlord.
I don’t know why there are two £455 charges and I’m sure you’re querying that.
I advise you to pay everything which you agree with which would certainly be one legal fee of £455, hundred pounds solicitors cost, the debt collectors fee of hundred and £80 is not unreasonable although I would be inclined not to pay the second legal fee of £455 or the full £720 depending on what it is. Probably £200 in respect of that is more reasonable.
Then, send a cheque the full amount saying that you making this in full and final settlement of this claim and that by cashing the cheque they accepted as such and that if they do not accepted as such, they should return it to you and proceed to court and you will defend the proceedings. Make sure that you mark the letter at the top, Without Prejudice save as to Costs and then, they cannot produce it in court as any evidence that you admit that you owed this amount for anything at all.
I would itemise what you are paying and the rationale behind why you are paying less than they are asking for if they returned the cheque to you, you need to consider whether you want to risk going to court which will incur further costs if you lose.
When you put your defence into the court, you need to say what you admit and what you deny
Can I clarify anything else for you?
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You can always pay directly to the landlord. Debt collectors cannot take the matter to court unless they have purchased the debt and its knowing their name in which case, you are entitled to a copy of the assignment to the debt collector.
You can always pay the money which is being asked for and then claim that you paid it under mistake/duress and simply sue the recipient in the small claims court to get it back.
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