Can a creditor with a CCJ increase amount owed under the same order

[fedupconsumer]

i have a CCJ that my commercial landlord obtained (application made to set aside) for a shop i took on.

the landlord refuses to repossess and so arrears continue to pile up. the property is not part of my home.

 

he has has a c CCJ for 10k, the arrears now stand at 15k. can the landlord now simply go back to court and amend the arrears to 15k or will he have to reissue a new claim for 5k.

if anyone has any case studies for this i would really appreciate it.

[Tingy]

i have a CCJ that my commercial landlord obtained (application made to set aside) for a shop i took on.

the landlord refuses to repossess and so arrears continue to pile up. the property is not part of my home.

 

he has has a c CCJ for 10k, the arrears now stand at 15k. can the landlord now simply go back to court and amend the arrears to 15k or will he have to reissue a new claim for 5k.

if anyone has any case studies for this i would really appreciate it.

 

If you're talking landlords, presumably you're talking renting / leasing. thus presumably you mean he won't terminate the agreement rather than won't repossess.

 

IF the above is true, what cancellation clauses are written into your contract?

[fedupconsumer]

yes you are right

the terms are 15 years with 5 years review

[Tingy]

Surely there must be some sort of option for early termination in the agreement? Were you trading under your own name or as a limited company?

[fedupconsumer]

biggest mistake ever

in my own name

[Tingy]

OK - in which case when is the next five year review? Is there anything in the contract for altering that period to a shorter one?

 

Breach of lease agreement: A lease may be terminated by either party when the other party significantly violates the terms of the lease agreement. Has your landlord done anything to bring this into force?

 

This is a nightmare area - I've just been reading around it. It appears you cannot force early termination which is crazy. You may be able to find someone to take over the remainder of the lease? I know this is awful, but my only other thought is what would happen if you just didn't pay and refused to pay. He can go through the courts - have you any significant assets that could be levied on? If you prove to him that you are unable to pay and try to set up meetings to try to reach an agreement for early early termination - keep the paper trail. You may then be able to do something for unreasonable behaviour through a court -ie- you've got no money, you've done everything possible to try to negotiate a termination, he refuses. What now?

 

Problem for me is I don't know the answer to that last question.

 

Sorry I can't help further - if I come across anything I'll post it up!

Edited December 29, 2010 by Tingy