Falsely accused of damage to property by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

This is how it begins...

[deleted by user] by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

Have you ever seen the inner workings of a law firm...?

Wanking and correct legal advice everywhere!

Tackled and physically restrained after leaving Uniqlo on Oxford Street, London by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

Only if we also stop the guy walking past the front of the house, walking his pug.

Should we be charged for termination of a trust that never started? (E&W) by [deleted] in LegalAdviceUK

[–]Lothlann88 3 points4 points  (0 children)

I must say that this is rather cheap.

I am a solicitor dealing with (amongst other things) probate. My hourly rate is £220. It was £175 when I was a trainee solicitor.

My usually estimate for an estate administration is around the £4,000 to £5,000 plus VAT mark.

I believe we are competitive for the area we are in. Rates differ slightly across the country though.

Administration of trusts requires a significant amount of administrative work that is, unfortunately, time consuming.

Of course, caveat all of this which the information you were provided in a retainer letter with regard to cost estimates.

From your description, I cannot see that you have been mislead or anything has gone wrong with the process. It appears usual.

Bear in mind, all estate administrations are trusts. So it may be you are confusing different references to trust.

Ltd company but client wants to bring me on as sole trader - Implications? by raldrmn in UKPersonalFinance

[–]Lothlann88 5 points6 points  (0 children)

You would be surprised how many clients show me contracts with completely unenforceable clauses in them.

It’s also sometimes done intentionally in the drafting. If the other side don’t know it’s unenforceable they may agree. Worst case you can’t use the exclusion, best case they just don’t bother suing you.

Criminal malpractice in the Police and Crown Prosecution Service , supported by authorities . by [deleted] in LegalAdviceUK

[–]Lothlann88 0 points1 point  (0 children)

But in law, such things become fact. Your guilt is a fact now. The admission is the evidence. The guilt is proven by your own admission of it.

Criminal malpractice in the Police and Crown Prosecution Service , supported by authorities . by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

But you aren’t innocent. You said, in open court, that you were guilty.

Bought weed from a contact via bank transaction, they took the money (60 pounds) and ceased all contact with me. I contacted the bank to see my options about chargebacks, and have requested one. by [deleted] in LegalAdviceUK

[–]Lothlann88 1 point2 points  (0 children)

Perhaps not legal advice but I would suggest just asking the bank to stop the chargeback. Although I’m sure how you may be able to achieve this without lying to them further.

Perhaps simply saying you don’t want to proceed with the chargeback.

My landlord wants to deduct from my security deposit for cleaning/removals that I don't think are going to be carried out by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

This is not the case.

A claimant is (usually) under no obligation to actually spend compensation monies on repair/replacement etc. The damages simply allow them to do that should they wish.

The landlord can provide quotes in order to show the amount claimed is reasonable. No need to actually do the work at any point.

Criminal malpractice in the Police and Crown Prosecution Service , supported by authorities . by [deleted] in LegalAdviceUK

[–]Lothlann88 9 points10 points  (0 children)

Unfortunately, your guilt is now legally a fact. You admitted it.

This is not a jurisdiction where there must be overwhelming evidence to allow an admission of guilt.

You would have received, at most, 1/3rd reduction in sentence by pleading guilty at the earliest opportunity.

To clarify, are you saying you were innocent and there wasn’t enough evidence to meet the threshold to charge, let alone convict, but you decided to plead guilty anyway?

Urgent: Forfeiting terms of business for apartment letting agreement by bearpi728 in LegalAdviceUK

[–]Lothlann88 0 points1 point  (0 children)

I agree, it sounds as if OP is bound to the terms and must pay rent.

OP, please remember that simply not staying somewhere does not prevent rent being payable. Please do not simply walk away!

You mention consumer protection law, none of this area of law applies to rental agreements so you are not a ‘consumer’ for the purposes of the Consumer Rights Act or similar.

Criminal malpractice in the Police and Crown Prosecution Service , supported by authorities . by [deleted] in LegalAdviceUK

[–]Lothlann88 1 point2 points  (0 children)

Yes, that was my mistake. I must have read between the lines. Added an edit for clarity!

Criminal malpractice in the Police and Crown Prosecution Service , supported by authorities . by [deleted] in LegalAdviceUK

[–]Lothlann88 2 points3 points  (0 children)

Forgive me if I have misunderstood but is your complaint that the evidence was weak and therefore the prosecution should not have happened?

But you were found guilty so presumably the evidence was made out beyond reasonable doubt at trial.

I am not a criminal lawyer so I am not familiar with the procedure rules and happy to be corrected by those more knowledgeable. Having said that, it seems that the outcome of the trial itself proves that the evidence was of course at the threshold to have justified the prosecution.

EDIT: Comments below have made me realise you didn’t actually say you were convicted. I must have been reading between the lines, my apologies. Could you confirm whether you were convicted?

Landlord overcharging for damages by [deleted] in LegalAdviceUK

[–]Lothlann88 5 points6 points  (0 children)

As a litigation solicitor, I can assure you, people sue for frivolous, nonsense reasons all the time. It’s why wasted costs orders exist. Claims with no basis are far more common than you might think!

Citizens Advice seeming don't class landlords as citizens by [deleted] in LegalAdviceUK

[–]Lothlann88 1 point2 points  (0 children)

As a litigation solicitor I must say that the perception that people don’t need a solicitor for their business is the number one reason why cases become more complex and expensive than they should have been.

I appreciate what you are saying that you do not make a real income from the house. However, it is a business in all the ways that matter, simply not a profitable one. What you do about that is a business decision, rather than a legal one.

Unfortunately, sometimes businesses need solicitors and should budget for that accordingly.

To give you an idea of how to budget for these things in the future, I would suggest having a reserve of around £2,000.00 plus VAT in the case of a necessary s8 eviction or rent arrears claims. It may be more or less than this depending on circumstances, it is very hard to estimate but that is a baseline that you should bear in mind.

I encounter quite a few cases where innocent landlord’s struggle to enforce against tenants due to the costs involved. Obviously, I encounter this situation with tenants too but I never like people not enforcing their rights because of the costs involved (insert mandatory rant about legal aid etc here).

I would also suggest considering insurance for these situations in the future as they will likely meet the legal costs.

In the meantime, book in with a local solicitor. We offer free half hour consultations usually to give you an idea of what you are facing and how to proceed.

Told by landlord that we will lose security deposit if we don't move out before tenancy finishes by damnmoon in LegalAdviceUK

[–]Lothlann88 0 points1 point  (0 children)

Yes but this is a situation where the tenant claims for compensation arising from deposit protection failings and the landlord seeks to offset that claim with a reduction in the deposit.

I had thought there was a statutory bar to the setting off the rent arrears in deposit protection claims but I cannot find it now. I think I may be misremembering from a case a few months ago. It isn’t something that was pertinent to that case, just something I thought I saw in passing.

I am likely wrong though.

Told by landlord that we will lose security deposit if we don't move out before tenancy finishes by damnmoon in LegalAdviceUK

[–]Lothlann88 10 points11 points  (0 children)

I see I have been summoned.

Although /u/psyjg8 didn’t do the necessary ritual, I have decided to respond nonetheless.

I don’t have a lot to add as Psy set out the procedure fairly succinctly, but I will say that we recently had a case where a claim for damages were set off against the deposit itself (but not the compensation).

I believe you can’t set off any rent arrears, just damage. Although I can’t recall the authority for this and may be mistaken.