Debt with brewery leaving pub

[anotherdebt]

Hi guys,

Not been on here for a while as mostly sorted the majority of my debts with help from this great site but would like some advice please.

I came out of a pub about a year ago after being there for nearly 3 years as a tenant with a brewery. Unfortunately when I came out I still owed the brewery about 6k, a combination of rent for the property and beer supplied. I asked them if they could write off the debt with no luck and then made them an offer of £10 a month as i am only working part time now. This was worked out on a pro rata basis with the help of National Debtline. They refused this offer and so i have only paid them a couple of small payments in the last year. I have now received a letter from their solicitor asking for payment in full!!!!

My question is this, is there anyway I can legally challenge this debt as I didnt ask for them to give me credit when I took the pub on, neither did I sign any form of credit agreement?

Obviously the solicitor is threatening court which if that is the case then they will only get what I can afford according to my income (which is what I have already offered them), but I would prefer not to go to court as have managed to keep all other creditors and DCA's etc away from court proceedings.

 

 

Any info gratefully received.

[anotherdebt]

Can anyone help with the above please??

[havinastella]

I'm sure this is all down to the contract you signed. Without seeing this in full, any advise would just be hearsay.

[ericsbrother]

As a business to business agreement they dont need to show anything in writing to prove a contract but will need to prove the debt exists, which you arent denying. This, then is about how the debt is managed. Write to the solicitors telling them that you are offering to make payments of £10 a month, to be varied when your circumstances improve and that this is the best you can do at present. It would be foolish of them to reject this outright as they will then be battling to get anything at all. The brewery could take you to court which will probably cost them time and money way beyoind anything they can usefully recover so an agreement in writing that you can stick to is best for both of you. The solicitors are paid to try and get you to agree to more or pay up the entire amount and then get a court order when you cant keep to the bargain. They have to earn their money somehow so let it be by drawing up the agreement.

[anotherdebt]

Thanks ericsbrother, was just a shot in the dark as to whether there was anything else I could do but was planning on doing what you have suggested if no other option.

 

Many thanks.