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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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overcharged time limit to claim if any


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can someone please confirm to me how far back i can claim for being overcharged by my landlord, on the annual insurance premium on my leasehold flat?

I have discovered that they have been overcharging me 4% of the premium since 1994. this equates to almost 5k

Thanks.

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6yrs but in court you could try for everything

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think you need to tell us the circumstances of the overcharging. If this amounts to a misrepresentation then I would say that you probably have six years from the date that the misrepresentation could reasonably have been discovered.

 

You tell us incidentally that you may have been overcharged £5000 – but you may be able to add interest and certainly if you have to bring a court action you will be able to add on 8 percent per annum.

 

Of course it is a rising total so you will have to go through the business of calculating what you might gain if you bring a legal action.

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https://www.legislation.gov.uk/ukpga/1980/58/part/II/crossheading/fraud-concealment-and-mistake s.32.1.©

 

This probably applies although I haven't looked at it closely and I don't know the circumstances of your overcharging

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Since 1994 I have been charged 40% of the building insurance premium, last year when disputing something else i obtained my lease and noticed my contribution to the building insurance was in fact 36%. i have asked for reimbursement, they refused.

thanks

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Who is it who has refused? Can you describe the building that you are in. Who are the other contributors and have they also been overcharged or does the sum of all the contributions add up to 100% – in other words have they paid less then their proper proportion?

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the strange this is, it add up to 104% only i have been over paying its a block of six small flats above two shops.

there are other overcharging issues, but the other leaseholders dont want to know, as they are BTLs Its the freeholder / MAN co who are the same,

thanks

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While don't you tell us about the other overcharging issues as well please

 

It would be handy if you tell us the whole story and we don't have to drag it out from you bit by bit

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its a long long story,

 

the FH never maintained out building, gutters collapsed, communal windows rotted, external pipes leaked and were blocked, we had leaks, among many other issues the FH dragged out all correspondence.

 

The FH earns commission on the building insurance, on top of 4.5k pa man fee, and other admin fees he chooses to charge.

 

we were very lucky to have a grant issued by the lottery fund to revamp the front external part of the building this cost leaseholders 5% of the cost to paid to the council.

 

This put the external parts back in a good condition, the FH issued a 1k bill on top of the management fees for his non existence roll in this.

 

I have brought all the issues up with other leaseholders to no avail.

I fact i want to either claim the overcharged payments back and move.

 

THts if i can claim the whole amount, or i might stay for a couple of years and deduct the amount from future charges and the go.

 

hence my question

Edited by dx100uk
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Okay thanks.

 

We'll stick to the insurance. It seems to me that you have paid the money under a mistake and therefore you are in a good position to say that you are not out of time to bring a claim. If you could show that the freeholder knew of the mistake then you would be in an even stronger position. However, an innocent mistake will be fine.

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I suppose that they would argue that you could reasonably have discovered the mistake much earlier. They might argue that a prudent person would have checked the details of their lease right at the beginning. If the court accepted that then you would be out of time and the best you could recover would be the last six years.

 

The thing to do course is to argue it and hope that the judge sides with you. Is the freeholder a large commercial freeholder or an Also, has the error been corrected and are you now paying the correct level of insurance contribution?individual?

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Who said you HAD to accept, evey year, their building insurance??

When you are quite free to insure it yourself and not pay them at all??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A tenant is not required or allowed to take out building insurance...its the LL responsibility...hes the legal owner.

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rip of merchants..:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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