Sherriffs Office - Not been to court?

dugmuzz

Hey, I need some advice?

I have an old business landlord where we cancelled our tenancy Feb 17 where I heard nothing back from the landlord until around May 17 stating he never received the notice and over €1.2k was outstanding. Luckily we use Hubspot Inc for email notifications for work where he had the termination notice sent and read from the landlord a good few times between Feb - may 17.

The landlord issued court letters from his solicitors by registered post around Aug 17 but as my solicitor rightly said "there was no stipulation in the agreement stating in what order the termination must be received" and this was the last I heard about it, no more registered post, no more communication.

Now this week (Jan 18) I have gone to the post box at work to find a Sherriffs letter for the outstanding amount. I tried calling the Sherriffs number but he did not answer.

I'm a little confused? I never went to court over this so I don't know how the Sherriffs Office can order me to pay something that's isn't due? Does this have to go to court or can anyone go to the Sherriffs Office? I did read the CAB website which does state that no instruction is needed but it goes against my credit rating?

Please can someone give me some advice on this if possible? This landlord had an agreement under our limited business name but this from the sheriffs office is under my personal name? I'm so confused!!

Thank you in advance,

Douglas

pedroeibar1

You already have a solicitor involved. Go back to them and ask. Legal advice is against the charter.

dugmuzz

pedroeibar1 wrote: »

You already have a solicitor involved. Go back to them and ask. Legal advice is against the charter.

Hi Pedro, thanks for the reply. As you can appreciate (or not), the solicitors is not open at this time in the evening, and you can imagine my frustration once receiving the letter, I wanted advice on this matter from people who might have knowledge in this field or from someone who may have been in this same position before, not once have I asked for sound legal advice.

Rgds,

Axwell

Any advice you get here is not going to be proper legal advice and therefore it would be unwise to take on board or pursue. As Pedro pointed out, giving legal advice is against the charter. You have a solicitor, that is your best option.

dugmuzz

Again, not ONCE did I ask for legal advice but somewhat looking for someone who might have been in a similar position or if it needs to go court (pass judgement) for it to go to the Sheriff's Office, I was looking for impartial advice from someone who may have been in a similar position so I think you can get off your high horses stating legal advice unless I wrote "I am looking for legal advice?".

With that said, I was with the solicitor today (during business hours) who stated it's illegal what's happened and it's now criminal and not civil and he is pursuing (coming upon) the old landlords legal firm for unfair practices. The judgement will be set aside so all that sleep lost last night wasn't warranted and I can carry on doing what I do!

Thanks again for telling me it's against the charter to seek legal advice, maybe the algorithm on this website should be set in a way that keywords flag and stop threads being created so Moderators and "trolls" don't have to keep spitting the same spiel every-time someone is looking for help.

Thanks.

Axwell

You’re welcome :rolleyes: