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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1913
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I ended a business rental within a school setting last week.

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hi there,i ended a business rental within a school setting last week. I took out everything that was mine by the end of August. I returned on the 3rd September to remove my wooden flooring (which i bought and paid a tradesman to install) to re-use at my new premises. The rubbish, I discarded in a skip at the back of the school. The school are saying I was fly tipping by putting rubbish in their skip and it was criminal damage to remove the flooring?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I asked them to clarify and pointed out that it was not criminal damage as it was my flooring, an it was not fly tipping as it was a private skip on private land
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They said I am banned from the premises on this basis and that they will look to press charges
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 17 days ago.
Please continue

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

I suggest that for the time being, you write back to the other party and ask them for further details of how you are alleged to have breached their legal rights and what steps you can take to correct the situation.     Be polite, professional, and conciliatory at this stage.   Do not get too formal, legalistic, or aggressive straightaway.    Hopefully, this matter can be resolved quickly and informally without involving solicitors.

If the other party want to assert their legal rights against you, they must do so proactively.   It is for a claimant to pursue their claim and prove each and every aspect of it.   You are under no obligation to encourage or assist them until they issue you with a formal pre-action Letter of Claim and then Court Proceedings.   Even then, you only need to comply with your obligations to the Court as a Defendant to respond to a claim and provide witness and documentary evidence in compliance with court directions.   You do not need to investigate the claimant’s claim on their behalf.

The Civil Procedure Rules 1998 govern the conduct of all civil court litigation in England and Wales.   The Pre-action Protocol requires a claimant to send a defendant a Letter of Claim setting out the reasons why the claimant believes that the defendant is at fault and has caused them financial loss, or some other form of loss, such as personal injury.   The claimant must include details of their losses and evidence in support, such as invoices, repair estimates or an expert assessor report.  If you receive a letter of claim from the other party, then you should have a clear idea of what wrongdoing you are alleged to have committed and what losses the claimant alleges that you have caused them.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Ed Turner,
Category: Law
Satisfied Customers: 1913
Experience: Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
Ed Turner and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi there - thank you fro this. It continues! I feel they are spreading disinformation about me like I am a criminal, and I really not happy about that. They hav put out a fresh letter to their staff accusing me of vandalising the toilets and area I rented from them. As it was their staff who all helped to move everything out, they all witnessed no vandalism, criminal damage, flytipping etc took place at all. I really am very uncomfortable with being painted in this ligtht and really want them to stop. Is their anything I/you can do to help with this please?