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Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.
Yes, you can offset sums against assets you own and/or sue for the sums.
You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.
If they do not pay 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.
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?
If you need anything further I am available for a follow up at no extra cost.
I did have a quick look. You should send an invoice from July19 - October 2020, yes.
You need to have an address to issue, but serve on Maltese Ltd
Does that assist?
You can only sell without consent if the agreement permits you.
The agreement would say whether you can or can not.
Does that clarify?
They would have a claim for that cost, as you would against outstanding sums.
It would be for the £50,000 as you had not served a notice saying you were going to sell them or it was not in the agreement.
If you just sold them without notice, then there would be a claim against you.
Offset - yes.
You can. Does that assist?
I was just following up to see if there is anything else I can assist you with today? If so, just let me know.
If not, then I am happy to have been able to assist you.
No, if the Company is bankrupt then the claim does not survive.
As a UK lawyer, I have no idea sadly.
You would perhaps need to post a new question for that.
I hope that helps.
Yes. You needed consent unless you can prove you emailed and had posted them letters.
Ok. Thanks for the update.
Ok. If you explicitly said you would sell the items you are ok.
1. Yes you do
2. Yes you can
Does that help?