Illegall forfeit on commercial lease.

[bluebottle]

Re: Illegall forfeit on commercial lease.

Well would you believe it.Now i threatend a form 4 to Rivingtons along with the interest of my local mp and also OFT and FSA and the ombudsman. Rivingtons now state they will respond in 7 to 14 days.The guy who was on the premises is also filing a complaint of the bailiffs actions and is going to see about a personal injury claim for trama and assault.The poor guy is a student studying business and the whole thing has affected his studies as well.Hopefully they will give the name but if not they will then become responsible and we will still use for 4 but with their name and an accompanying letter to the court explaining they refused to give us the name of the person for who actions we wish to complain to the court about.Its a start!!!!

Rivington's are party to a criminal offence and trying to protect their employee is not only seriously misguided, it is illegal, too. Rivington's would do better to co-operate as fully as possible and not try to protect their own backsides or the landlord's.

[ploddertom]

Re: Illegall forfeit on commercial lease.

Makes me wonder if they are reading this!

[bluebottle]

Re: Illegall forfeit on commercial lease.

I hope they are, PT. Because I have no fear of upsetting them or the landlord. Both of them broke the law and I am quite happy to tell them, publicly, how they have broken the law. This sort of behaviour is totally unacceptable and carries hefty fines as well as custodial sentences. The landlord and Rivington's would do better to try and resolve this without digging an even bigger hole for themselves.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

I hope they are, PT. Because I have no fear of upsetting them or the landlord. Both of them broke the law and I am quite happy to tell them, publicly, how they have broken the law. This sort of behaviour is totally unacceptable and carries hefty fines as well as custodial sentences. The landlord and Rivington's would do better to try and resolve this without digging an even bigger hole for themselves.

I have since been in touch with our loss adjusters free legal advice line. The guy was helpfull and managed to talk to his superviser who then instructed them to reseach the points i had asked them about. He phone me yesterday with these findings.

1/ Was the forfiet illegal answer Yes it was


2/Was the siezure of our goods legal answer absolutely not.


3/Who do i put on form 4 as Rivingtons refuse to give the baillifs name answer Definately Rivingtons


All great and all of you and our advice from legal council absolutely right. DAS have only instructed their assoiciate company to look at the possibillity of tresspass only and to this point not total loss as Lyons DAvidson who they instructed will not discuss any other matter other than what they have been instructed to look at.

So here we are with our own loss adjusters free legal advice line totally in agreement with me on the illegal forfiet and all our losses but up untill now refusing to act for us in any legal matter but do say that they will look at a claim for total loss if we prove the illegal forfiet and not them. In other words we are advising you that we are in total agreement but you deal with it and should a court rule the forfiet illegal even though their own legal line asure us it is then they will look at recovering all losses suffered under our legal expences clause in our policy. This cannot be right???? If they advise us they agree as our loss adjusters with every aspect being illegal then why are they not prepared to act for us and saying we have to prove it even though we agree that the forfiet was illegal and the siezure of our property as well.This cannot be right???????????

[alham]

Re: Illegall forfeit on commercial lease.

Typical of insurers - read the small print of your insurance policy, they might be interpreting their own terms "loosely". BTW, are you a member of federation of small businesses? If YES, their legal services are excellent and free of charge and I would rather use them than my insurance company.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

I have some GREAT NEWS this morning. We asked a district judge to look at this yesterday in Lewes civil court and he has ordered Rivington the bailiff company to give the names of the person or bailiff responsible for the forfeit to the court within 14 days. Hopefully now we can get these people into a court and get JUSTICE AT LAST.

[alham]

Re: Illegall forfeit on commercial lease.

It's a start but a good one.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

Lets hope so?? One step at a time. Personally speaking the bailiff had no right to enter the premises while a person on those premises objected. The further seizure of all of our property and the comments of the bailiff. Then of course if judged as an illegal act and forfeit the lease in those circumstances was never determined and all losses incurred at the time along with 11 years left on the lease is going to be very costly to the persons responsible for this attempted forfeit. As regards the bailiff it should be more than enough and should get him thrown of the register. One more bad apple gone!!!!!

[razorsfishing]

Re: Illegall forfeit on commercial lease.

We applied for direction from Lewes court stating that Rivingtons refused to release the name of the bailiff who did this. We have now been told by Lewes court office that Rivingtons have released the name of the bailiff to the court at Lewes. The judge there has today sent al the paperwork now to Chichester County Court for their direction without in fact releasing any information (the bailiffs name to us)where this festering piece of Sh-- is registered. Hopefully we are closer to getting this idiot and nauseous bully struck of and a ruling that the entry is illegal and as such the lease was never determined. I hope both the bailiff and Rivingtons are now going through the stress and trauma they have caused us.If the judge calls for a hearing and i do not see how he cannot. Then the fun really starts.Bluebottle thank you so much for your advice and support with this.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

All witness statements and our response are now with the court as directed by the judge looking at this.I cannot thank Bluebottle enough for all his advice and help with this matter.Thank you all. Now hopefully the judge will order a hearing and we can obtain justice and the bailiff will have his certificate revoked.Then we have to inform our insurers and let them deal with the claim. So far they will not act. The usual for insurers trying to avoid their responsibillity? I really do not see how they can can refuse our claim if the judge finds our claim 4 upheld. It would then be as if the forfeit never happened because of the bailiffs actions. Wish us luck.

[alham]

Re: Illegall forfeit on commercial lease.

GOOD LUCK! Everything crossed for you.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

I cannot believe this. A Judge in Brighton ordered a hearing. A Judge in Worthing dismissed it without reding the witness statements or calling witnesses. We then submitted 3 form 4s along with all statements and evidence only to find that it was put back in front of the same Judge who dismissed the case.He has now dismissed it again and we cannot find out for what reason or where the paper for all this has gone. Brighton court tell us it has been sent to Chichester where the bailiff is registered but they say they have,nt got it. So i phoned Lewes where the Judge sits only to be told they don,t know and cannot find out?? What is going on in this system?We have had a bellyfull of this and have decided to get legal help to deal with this. There were six witness statements against the bailiff and in his own statement he admitted entering our premises while someone on the premises objected and stated so in his statement. What part of section 6 of the law act do these judges not understand. It clearly states that a person entering a property while a person inside those premise object will be guilty of an offence (tresspass at the very least)he then stated after entering that all property in the cafe premises was now the property of the landlord. Can anyone recommend a solicitor with extensive bailiff knowledge otherwise this gangster of a bailiff (He also assaulted the person on the premises and police refused to initially investigate it) . A good solicitor needed. Can anyone advise???

[pepsie]

Re: Illegall forfeit on commercial lease.

You are the wrong end of the Country, I know just the man but he is based 300 miles from you. Have you given consideration to using a pro bono
barrister, start here http://www.nationalprobonocentre.org.uk/ and follow all the links to get the bigger picture.

Pepsie

[Milo]

Re: Illegall forfeit on commercial lease.

This sounds really awful.

I will have a good read of the thread tonight.

[razorsfishing]

Re: Illegall forfeit on commercial lease.

Thank you Milo.Celestine is also looking into this matter.What happened was unbelievable!!!