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BlurredFX

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BlurredFX last won the day on April 1 2010

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  1. Thanks BF, Thank you for your candid thoughts, as ever. I can probably rustle up the resources to get a solicitor on-side, and I have pretty much resigned myself to doing the same. I will do some more digging, and see how far I get, and see if I can draw their solicitors attention to those points. I am currently reading s1003/4/5 of Companies Act 2006, so we will see where I get too. It is of great reassurance to know that I am not alone in my thinking. I am almost ready to pay them and draw a line under the whole issue and crack on with my life,
  2. Thank you BF, Pretty much my thoughts, too. I do not suppose anyone reading this might know where I might find some legal basis? My gut reaction is that one cannot simply transfer a companies assets without transferring the liabilities - lest everyone would run up debts, and leave them behind! I am currently looking into how they wound the 'residents collective' up. It looks like the funds should have been dispersed to the creditors (the neighbours who had paid the money) but that was certainly not done. I will keep looking into it. Thanks for everythin
  3. Evening Folks, This matter rumbles on, but we seem to have crystallised it to one specific point. The point being: Does transferring funds (assets) from one company to another, then winding the first company up, infer a transfer of liabilities also? Re-cap To re-cap, I am in a drawn-out dispute with the RTM company managing the block of flats in which I have a long-lease0 . Historically, we had an absent Landlord, and before my tenure began in 2006, the neighbours formed a ‘neighbours collective’ to manage day-to-day maintenance. I refu
  4. Evening / Morning Folks, I've completed my response to their solicitor. It is a narrative of what happened and when. It has taken me a while to produce, and a whole lot of stress. It's hard work having to relive some of the events, frankly. To re-cap, this issue goes back to 2009, and there have been several claims made against me. One was paid by my mortgage holder, but that judgement was set aside. Owing to more disputes, where I stopped making payments, they have commenced another claim. I asked them to particularise it, and they did so in the
  5. Hi BankFodder, Thanks again. I submitted a defence to their claim asking that they particularise their defence, and this is the reply I have had. I.e. letter and statement of account from their solicitor, and an allocation letter from the Court. BFX
  6. Hi Folks, I have an update. I filed a defence saying please particularise your claim. On Monday, I have had a form from the Court noting I have defended the claim and "It appears that this case is suitable for allocation to the small claims track". It goes on to say I need to send the N180 (SCT questionnaire) back to the Court by 22nd May. I can provide a copy, but I am sure it is standard procedure. Today, I have received a letter from their solicitor, and a statement of account dating back to 2014. Copies of both below.
  7. Thanks guys, I've been sorting some other problems out, and they are done now. With regard to this issue, I have almost finished scanning all the documents, which is proving useful in sorting them all out. The other side used to like to send three invoices in one month, and all kinds of rubbish. I am nearly there with it - it is very time consuming. I have yet to hear anything from the Court - I sent my defence in in good time, it was asking them to substantiate their claim. BankFodder, I will try and answer some of your questions, but I hope I do not
  8. 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 recen
  9. 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 acti
  10. 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
  11. 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
  12. 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 pro
  13. 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 prett
  14. 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.
  15. 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 invaria
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