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BlurredFX last won the day on April 1 2010

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  1. Hi Guys, Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance. I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes: 1. BlurredFX Service Charge Saga 2. Sept 2006 a. In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b. BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c. ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d. Landlord-one is absent, except for Ground Rent requests. 3. 2006-2009 a. Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b. Demands are not complicit with the legislation. c. The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4. 2008/2009/2010 a. TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5. June 2009 a. TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b. BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6. 10th August 2009 a. BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7. 2009 a. Hearing is scheduled for Jan 2010 [CLAIM2009] 8. February 2010 a. There is a hearing. b. Ref: [CLAIM2009] c. From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9. 24th March 2010 a. TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10. 2010 – 30th or 31st March 2010 a. BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b. BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c. The other people at the meeting do not appear to understand. 11. 1st April 2010 a. TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b. Notice of allocation from the Court, dated 15th April, for a hearing in July. 12. July 2010 a. On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b. BFX had not paid any money at all. c. Nothing more is heard of [CLAIM2009] END of 1st Claim - 2009
  2. Thanks BankFodder, I have made an attempt at the chronology in the below PDF. I have gone through foot high pile of documents - though I have not managed to get it into files properly, yet. That is the next job, but it will not be today. It is all mixed together with other stuff, too - such as medical notes that I have submitted to the court to apply for various stays etc. It is a right mess. I'll start tomorrow. It is clearly my responsibility to manage my own administration, which is pretty poor, but please allow that every time they have started new action, they have done it pretty soon after an emergency admission to hospital. That is what they have done again this time - I was rushed in again in Jan this year, and lo and behold - new claim. The timeline I have produced probably isn't perfect, and there will be more questions, possibly some dates to add, but this is my attempt at a timeline of events. It has taken the lions share of two days, and sapped a lot of energy - but it has been cathartic, if nothing else. Please read the PDF first, but the crux of my position is that prior to Jul 2014, there was no entitlement by the company(ies) trying to collect service charges, and this is backed up with letters from the new Landlord - see 22 (and especially 22d). I have been paying, by and large, since 2014 when the RTM company was established. I want the fees before Jul 2014 removing, and the amount claimed from my mortgage co (Mortgage Company-one) applying to my service charge account - which should leave me a few thousand in credit. I have a nasty feeling though, that once all is said and done, that ultimately I should be chasing 'mortgage company-two' , who will chase the management companies that took the money from them (not me). A friendly Judge explained that this way would be best when we had a chat after one of the hearings the claimant failed to attend. However, I am reticent as Mortgage Company-two are not known for being easy to deal with, or particularly consumer oriented. Should I start a new thread still, or are we OK to continue with this one? BFX
  3. A big part of the problem is that the Claimant is useless, and has not consulted a solicitor. The individual who is handling this claim is not the individual who has handled the previous ones - he doesn't even work in the field, he works as a teacher. BF - I want to go with your approach at this point, for the reasons you give. I need the Claimant to properly state his case so I can shoot it down. I think I have been trying to second guess what his claim might be, and then shoot that down, which is daft. Assuming the draft defence above is good, I can send that next week in the absence of a better choice. In the meantime, I will type up a timeline of events so that it is clear to see, and hopefully people will have the time to read it. Also, given the poor administration on my side, how easy is it to get a copy of all the submissions in each case? That would make it easier for me. Thanks again to everyone taking an interest. Manxman - yes, that is correct. To get the money back, I suspect I may have to start action against my mortgage company, who will in turn take action to reclaim the sums paid to RTM company (or it's predecessor). That is what a friendly Judge said when the Claimant failed to turn up. (The Judge said this informally, after the hearing had ended). I figure that would involve me claiming that money back from the Mortgage company, plus interest, who would then pursue the claimant in my case - for my claim amount against the mortgage co, plus another load of interest!? That comes to big money. Let me get the full story typed up. This claim needs dealing with first. BFX
  4. The leasehold law, and the relationship between Freeholder, Leaseholder, and Managing Agents, and the Right To Manage (RTM). The details get quite nuances (which I will explain when I start a new thread later today). For example, the Freehold has changed hands, and there are actually two different companies (same personnel, and same management company) that have brought claims against me. How does my first draft of the defence look? Always grateful for the time and consideration given to this case. Concise Defence.pdf
  5. BF, Thank you for providing the clarity I need. You're right in what you say, and I am grateful for your candid points. I will crack on with typing a defence, and then move on to the whole story. There is no particular reluctance from me regarding the whole story, I will get it typed up - any reticence you detect is probably because there is a fair bit of nuance, and it involves aspects of law that are a bit beyond the usual scope of this forum - but AndyDD did have some experience of them, which was very helpful. To be clear: Without this forum, I would probably have lost my home. Blurred.
  6. Thanks for updating the title. The new claim has a Date of Service of 5th Mar 2020. I'd have been online a bit quicker, but it has been a busy fortnight. My documents are disorganised as I have been very ill over recent years, and I am still hooked up to a machine for 15 hours a day, so this isn't the only challenge I've got. I am grateful for all the help. I just want the claimant to put a decent case to me, that I can answer. This is a complicated issue, though I understand it fully. It just isn't easy to communicate concisely. What I say above pretty much summarises what happened. I want the Court to order him to properly particularise his claim, so I can shoot it down. That is easiest for me. In a nutshell, if I can condense it down further: I was taken to court in 2009 which the claimant withdrew. He tried again in 2011 and a judgement in default was issued. That 2011 judgement was paid, but then the judgement was set-aside - but the claimant never returned the money he received. I do have a contract with the claimant, from Jul 2014, from whence I have paid what is due. He tried to use the contract signed in 2014 to issue a backdated claim and failed. The claimant thinks we had a contract since 2006 - but I can show that is not the case, only since July 2014. The pile of documents relating to this is a foot tall. Can someone tell me what would be the best to post?
  7. Really sorry if I have led you to think I am ungrateful. Please be assured nothing could be further from the truth. I will get more organised, and revert.
  8. I think I need to ask for a fully particularised claim?? In it's current form, it is not sufficiently detailed for me to plead?? Anyway... DEFENCE – skeleton argument The defendant denies any monies are due to the claimant. The issues within this claim have been the subject of previous litigation by the claimant, and are certainly not as simple as the brief details provided on the claim form. As such, it is requested that the Court order the claimant to file a fully particularised claim. The claimant is a serial litigator. He has invariably been ordered to produce a properly detailed particulars of claim, and despite numerous orders from the Court, has failed to do so. The defendant has not been furnished with a full statement of account, despite requests. A very brief summary of the claims lodged and withdrawn by the claimant is provided below: CLAIM2009 July 2009 – Claimant issues a claim, and there are hearings. The Court orders the claimant produce properly detailed particulars of claim, and then the claimant withdraws his claim. CLAIM2011 May 2011 – Claimant issues a claim. Defendant is incapacitated in Hospital. Claimant is swiftly awarded Judgement in Default. September 2011 – Claimant makes an untrue claim to the Court to the effect he is authorised by the Landlord for this claim. The defendant has documentary evidence to the contrary. DATE CHECK Required – PAYMENT MADE BY GE Money Jan 2013 – Judgement is set aside, hearing is scheduled. **Need to check if particularised claim was ordered** May 2013 – Claimant fails to turn up for a scheduled hearing. CLAIM2014 August 2014 – Claimant issues a claim. Claim is stayed multiple times due to Defendant’s well documented hospitalisation. April 2016 – There is a hearing. The claimant is ordered to produce a detailed particulars of claim. The claimant fails to do so. The claimant ceases his claim. The Claimant has made many opportunities over three different claims and countless hearings and to clearly state his case, but has failed to do so despite the orders of the court. The defendant is confused. Court order after the hearing where he failed to show up in 2013 : This is the last communication from the 2009 claim. The claimant withdrew his case before the hearing, but I never got a letter. There were two hearings in 2016, here is the order from after the first: There is one from Jul 2016, too. Bear with me, my computer is a little disorganised. docs1.pdf
  9. I'd rather I was corrected here than in Court. Thank you.
  10. Evening Folks, I have a thread that is 17 pages and ten years old, but I cannot comment on it, so I am starting a new one. The old link is at the bottom. Does AndyDD still help on the forums? I am happy that my legal position is right, but I want to know if my defence makes sense. My defence needs to be in next week. The claim states that I 'enterred into a long leasehold interest in 2006. Covenants bind the RTM Company and BlurredFX to pay service charges as specified within the terms of the lease. We therefore request a judgement in favour of the RTM company to the value of £900-ish plus costs' I'm going to see his £900, and raise him £15k, see what happens then. I'm sick of this. There is a long old history to this case, including them getting paid previously for £6k of charges they were not due - that was paid by my lender. That judgement was set aside, but no monies were ever returned. This is the fourth time this has been dragged to court. My first draft of my defence and counter-claim looks like this: 24th – need to find out what was ordered in 1IQ so as to show he was not able to comply Need documents showing him as a liar – I have those.
  11. I will do exactly that. Thanks. It's the correct wording that sometimes escapes me, and at my local Court if you don't know what you're asking for, they won't tell you. I spoke to a Director of our RTM company and it appears that they finally took some legal advice and the advice was to withdraw their claim as they would lose - and the solicitor charged them £1,500 for the privilege hahaha. The Director of our company said he would get onto the management co and get a corrected statement of account out to me - which is probably just as good a copy of their withdrawal letter to the Court. So, I know that they know, that they are onto a loser. if that makes sense. I'll get onto the Court in the morning. Blurred:)
  12. Thanks Andyorch, your on-going help is much appreciated. I can't remember if it got to allocation or not... I know the Claimant has had contact with the court. The Claimant also has a nasty habit of submitting documents to the Court but not me... I can't remember if it got to allocation or not.. he was ordered to submit a fully particularised case, which he failed to do, does that mean it didn't get allocated? I don't suppose you can allocate it without a properly particularised claim. The judge warned him he'd be needing a solicitor... I know it's possible to get the documents, because the Claimant had copies of medical documents I had supplied to the Court when I applied for a series of stays. I did not submit these to the Claimant, and the only people to have them were the Court, ergo, it's possible. I really want any documents as my case is drawn out and I want to be able to explain, with evidence, what has happened, step by step to a Judge - as frankly it beggars belief. I also want to make sure he hasn't been submitting things to the Court but not me. I know he continues in excluding me from decisions and communications about the service charges, as well as ongoing issues with double glazing. They are also refusing to send a bill out - they sent me a statement of account showing the amounts from the Court case as still due. .. despite withdrawing the case, but not a properly executed invoice as required by law. Blurred:)
  13. Hello Folks, No case history required for this question... How can I obtain copies of the Claimant's correspondence with the Court? He withdrew his claim, but I have no confirmation of this. I want to start the process of dragging them to Court to get my stolen money back, so I will need that document in my case. I think I've asked the Court previously, but they were not exactly helpful. I think it is the Court I need to speak to, but I am unsure of what to specifically ask for. Hope you can help. Blurred:)
  14. Hiya Guys, I've just spoken to the Court once again. On the 17th the Claimant informed the court it was settled, and apparently the claim has ceased. That is the sum of the information I managed to glean (verbally) from the kind lady I spoke to. Partly out of curiosity, and partly because it might be relevant, but is there a difference between a "case" and a "claim"? Is the Claim the larger issue, and the case the part of it that's in dispute or something? I can't find the words. The reason I ask is because the two orders linked above, the first refers to his case, and the second to his claim. Do I still require for Judgement to be entered in my favour? I don't think the Court hasn't made a Judgement has it? Or does the unless order pre-date his withdrawing his claim? I need something in writing tho, as evidence for my future claim against him. How would I go about getting that? I didn't get any notice last time he withdrew a claim. I submitted a vague counter-claim and a claim for costs, given his terible abuses. I suppose I would have to make an application if I wanted costs? The counter-claim is a whole tin of worms, and I think probably fruitless. My application for costs, I think is justified. He started it, hasn't responded to anything, forced a variety of hearings, and achieved nowt, and ran away at the point of being forced to produce a POC! Do I want costs? Yes, damned right I do! It's looking good to me. Am I getting prematurely excited? Blurred:) I wanted to ask about the PF 84A, but the lady I was speaking to wasn't giving me much once she said he had said the claim is settled. I've never found a Court a good place for advice, strangely lol.
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