That does not sound correct to me Jenny.....you don't have an account with them?

 

Useful links...

 

http://www.lease-advice.org.uk/documents/Service_Charges.pdf

 

http://www.legislation.gov.uk/ukpga/1980/58

 

Andy

I know I said that to the judge - I told him that I had never made any payment to account in 9 years and that I had been trying to obtain detailed breakdowns of costs.

but he agreed with them based on the following:

Schedule 2, paragraph 1 of the 1973 Act, which is headed ‘Appropriate dates for certain obligations for purposes of Section 6’. Apparently allows for postponement of the starting date for the running of prescription, beyond the date which would apply to payment for each separate transaction. The starting date becomes the date on which payment became due for the last supply of goods or services, provided that they were supplied in a series of transactions and charged on continuing account.

Not really sure what to do now?

Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds?

If not,why not?

Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds?

 

If not,why not?

I wasn't given the chance to say much at all 64 cases called in 1 hour its all very fast moving..

this hearing was simply for them to demonstrate why in their view it wasnt time barred and to provide copies of all invoices and statements.

that's why its now been set to proof to give us both a chance to argue it out...

Today I also made a complaint to these people : https://hohp.scotland.gov.uk/contact-us they investigate breaches in property factor code of conduct.

What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

The proof as far as I understand it is where both sides can tell the whole story and then judge decides the outcome - Im not totally sure but that's what i understand it as.....

hoping someone here can advise what i need to do now... do i need a solicitor to represent me at a proof?

You can do it yourself as LiP

4-going-to-court---cases-raised-on-or-after-1-december-2009 (1).doc

4.20 to 4.23

That link you put up on post 46 is very empowering for you jennyanydots.

I too have studied this verdict for a number of months and have found it invaluable.

I am sure you too have the same or very similar deeds as these residents,would be very suprised if you did not.

I have had my small claim hearing.

The judge read over my defence and has referred the case to later in the year for another hearing/ judgement.

Any Info from jennyanydots as to how the case went in court.

No activity since July Jonny...but she would have had an email for each of your posts.

Andy

I'd like to know what happened in this case too.

Sorry I haven't been on in a while.

I received a letter from their solicitors prior to the date of hearing

(after showing the photographic evidence of their failures)

they were seeking to settle for £1000,

I refused but offered to settle it for £400 to save me going to court again and they accepted this offer

I paid and they sent me a letter to say it was discharged.

Hope all goes well with your case

thanks for updating

thread title amended

dx

thanks for updating

thread title amended

 

 

dx

No problem

The original debt claimed was just under £2000 + fees and costs

They made an offer to settle with me for £1000

But they agreed to settle for £400

Many thanks for all help

to me that shows they were trying to fleece you and all the others. too

thanks

Same kind of situation. not paid 9 years greenbelt didnt do the work bad areas in street with very poor

maintenance.

BUT,

other half filled in court summons to make payments, she didn't contest. , this was around 4 weeks ago

so they have won decree at £2500,granted

4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers.

how can we contest decree after they win decree, as 50% of the debt is statute barred?

http://www.consumeractiongroup.co.uk/forum/showthread.php?472928-was-take-to-court-by-GREENBELT-GROUP-ADVICE-they-got-decree

There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

good luck

Thanks jenny great help!!

There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

Good info jenny thank you.

Ive got plans from council showing land they own, and service, behind my house they own but dont service and said the passed it to a sister company green belt energy i think, same address same staff etc, but i guess if they put it under that they dont service,

any way this land 16ft high weeds, wrecking our fencing had to hire gardeners for last few years to cut back,

you think this would be worth bringing up in court even though they say its not them ,but another limted company owned and run by all the same staff and ceo

I guess it cant hurt give all photos and plans to judge.

court date 5th jan

have other info to raise that court they gonna be surprised with.

There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

Hi. Not sure whether you are aware of this but there are a lot of Scottish homeowners having their deeds amended by the register of Scotland after the test case. Just write to them and quote the marriott case and they'll sort it in a few days.

That will be Michael Joseph Marriott and another (applicants) v Greenbelt Group Limited (respondents).

This is the Lands Tribunal Scotland link for above: http://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2014.27.html

This link from the Law Society of Scotland The Journal: http://www.journalonline.co.uk/Magazine/61-1/1021197.aspx

Yes that time again when I shall be in court shortly with that lot!

Will be interested if anyone has had any dealings in court recently.

Yes that time again when I shall be in court shortly with that lot!

 

Will be interested if anyone has had any dealings in court recently.

I have had my hearings, now awaiting the verdict, will update once I have that.