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Everything posted by Caren

  1. Hi. Yes it's the same people! I just think they still want their retribution from before, I'm not even a serial debtor! Just a occasional mishapper, big to Andydd Caren
  2. Thanks Andy I got 30 days from gov website about timeframe to pay an invoice. They asked me via email when I was going to pay I said end of the month. That was accepted by the credit controller! thanks for advice, but that said, most of us don't have funds in our accounts until pay day esp, when they send it mid month so it wasn't intentional. as it's quarterly I never know when I'm going to receive it, they never give a next billing date. thanks for your advice. Ps I think you've been on here for many years haven't
  3. Hi, Andy. I was 14 or so days after receipt of the invoice via email. Solicitors letter received on same day, ,Should companies allow 30 days anyway? received invoice for service charge 10th April Paid 26th April solicitors letter received 26th April after paid. I'm told by solicitor I am now going to be issued with another letter and are going to review my lease and write to me according to solicitor dont owe them any past debts No Rights and Obligations thing sent with the invoice which I understand makes it illegal for them to demand the costs. M
  4. Hi, Andy. I normally pay via direct debit when I get paid at the end of a month. its quarterly, it's sent via email, so there is evidence of receipt for 10th April, caren
  5. Hi this might sound trite but I have been referred to a solicitor for a demand of my service charge for £171.00. The demand is on a 14 day old invoice send to me for service charges on 10th April, 2019" The freeholders are a big financial property and lettings company and I am a leaseholder of 10 years. I am not behind on any debts. they have demand via a solicitor and added £40.00 charge. For payment I said I would pay at the end of the month. There was no Rights and Obligations sent with it therefore it could not be demanded. The soli
  6. Hi Andy I recieved the form which had Direction too small claims with directions questions to complete and offer of telephone resolution which I agreed to both as per your advice,
  7. Yeah def feeling victorious about it and with all you guys patience with me I can say THIS FLEECER HAS BEEN NAILED
  8. Hi Andy and Dx The latest on the claim, I just recieved a notice of discontinuance of the claim today. I guess the freeholders backed down, What happens now if they sent that to the court does that mean I can't ask them for any costs for defending because I still want do give something to consumer forum. Is that it with all that stress they put on me, etc.
  9. Hi just read your Story about your daughter. I am a psychiatric nurse and work in an all female ward both staff and patients. Sadly the nature of nursing today is working in defensive practice. I would say that the element of confusion and hallucinations will have a bearing on the allegation made, that is not to say it didn't happen, but sometimes families can be more difficult when they really don't know the truth of a situation and can often allay their own emotions and anxieties on staff including their own guilt for not looking after their loved one properly themselves. Often families ca
  10. Hi Andy, just recieved the notice of proposed allocation to the small claims track, so I've got to complete Directions Questionaire and file it with the court office. I assume file it means just to return the Questionaire ? Guess they think I have a case, guess what just recieved another service charge in the post with no Summary of Terms attached again! Caren
  11. Andy, your a clever man - your FH landlord should come to you for all his litigation advice! Thanks, I could not have done this without your help.....thank you so much. Ive looked at the defence and I see the line about strike out, well worth trying. The claim is from the freeholder so ive put that point in. After sending the defence, you mention a hearing date. Will there be a hearing or do they just look at the defence and make a decision. I am wondering about the proper form to fill in to list costs. Caren
  12. Hi Andy Checked with the court the cost for a strike out and they said it is 155.00 so it is not worth it. I will put my defence together later today and send it tomorrow. Still got till the 25th November . Just one more point In the last paragraph of the defence do I put a fee of say 50.00 to 100.00 for my own litigatetion, I just want to know before I send it in. I will keep you in the loop as to what happens from there. Again just want to thank you even though it's been like pulling teeth with me! Caren
  13. Looks good Andy What's the gap for on iii ? I understand I all. Is it important to have the paragraph about claiming 'rents' as service charges. The invoices state they are service charges - I guess this is to cover me if they use this clause in the lease. So if I go the demand route would iI choose to counter claim for costs because it states the same point at the end 'The defendant asks to claim for XX for litigate etc, I've got 3 choices Admit, part admit or defend all. Caren
  14. As these are paid now they cant be recovered as rent. If there is also the argument for rent then there is an argument for obstruction. On email 'I asked for the name of the person at the FH who the solicitor's were dealing with. They would not give me a name. In the summary of rights it says something like if I ask for the name of any/all the persons from the company i should be given their Director/Secretary. If I strike out their claim, surely they cant hit me for costs because there is no legitimate claim, then only my costs could be pursued from them. Hopefully we c
  15. Hi Andy, Sorry, again night shifts for a couple of days! Hence late reply....but not forgetting this matter. ..just awake unable to get my sleep pattern back to days. Here's my stance at this point. Considering these people have tried to intimidate me (letter 29th Oct giving me till 6th of Nov to pay up, then letter on 3rd Nov, intending to strike out my defense if I defend them) Im inclined to hit back hard, but 10% concerned they will say 'as I paid the money and interest, I'm accepting I owed them the money' I paid £173.00 which I read on the claim form without realizin
  16. That will be great Andy, I will take my chance and go for having it struck out and claim my costs and donate half to consumer forum, because they have put me through such hassle First thing is ? will have to file defence, yes please let me have A copy of your defence, Do you think they will say I accepted the demands because I paid though. Caren
  17. OMG!!! xxxxxxxxxxxxxxxxxxxxxxxx to you. Can you look at the draft Defence I created this last night. It does need tweeking loads since you brought up this point above. I see they've completely missed Point 6. The font is smaller in their one. There seems to be lots of errors. I also read about pre-action protocol that the courts suggest Claimants address before court action, and ive used some of this in my defence. 1. The sum of £261.27 is disputed. At the time of court action nothing was owing. The sum of £176.37 has been paid due to h
  18. Hi Andy, Umm I see, so where do I go with this now! I have to respond today to their letter that says they are giving me until 6th Nov to pay their legal costs (see prev post with attachment). And I am keen to send in my defence to the court. what would be a good way of saying I do not accept the demands on the court claim defence since Ive already paid the invoices. Incidentally, their demand letters in Sept (these had wrong amounts on both the letters since I had paid most of their costs in Aug 250.00). Does this make their case weak?
  19. Hi Why would you need to see the demands? They are standard invoices in advance. Happy to upload them tho. I owed This from 1st Sept outstanding 187.12. But then this changed what I owed. 12th Sept credit note 124.00 balance 62.12. (Yearly balancing credi) And so did this. 29th Sept invoice 105.50 balance 168.62 (rec,d early Sept' for advance charge starting 29th Sept) 168.62 owing at end of Sept 14
  20. Hi Andy I do have copies of the demands and a credit note for 124 also sent in Sept.. Let me me if you need these to be uploaded. Quick point what about works outstanding that I have asked to be resolved for some time. Does that carry any weight. I have uploaded the Particulars of Claim I have uploaded 2 statements of charges and payments 1. The Particulars of Claim has 0.00% in the first paragraph. 2. In October, the only communication I received was the smaller statement of costs through the year. The larger one uploaded was one I requested from another dept in the compan
  21. Thank you Dx, hope your well, umm can't they be read if they're a JPEG? What's the difference? I still need to upload the Particulars of Clsim and then Ive uploaded it all and will do that tomorrow. Im surprisingly calmer now with all your help and I'm holding my own with these solicitors. I couldn't send the defence by using the money claims site I called them and they said I had a paper copy that had to be returned that way. Bit odd me thinks.
  22. Andy, thank you so much for looking at the lease. I promise I will scan the letters tonight and have them uploaded this early evening. I didnt have the Summary of Rights for all the invoices they have issue with,. Not stapled to the invoice as they've done in the past. This is how I am going to play it on the Defense in their money claim issue. However although it was only -62.00 owing in September, and then September invoice came for 105.00 then they are rather quick to jump the gun particularly as I was off work for 2 weeks from 24th Sept hence I didn't pay.
  23. Dear Dx, Stu and others I managed to upload my lease and some recent letters from the leaseholders solicitors saying I have to pay their legal costs. These need to be uploaded in Adobe. I received a letter today from the solicitors in a threatening tone. I have uploaded a copy of my lease. Can you tell me if the leaseholder has rights to charging me admin costs for their legal fees. I am not sure the lease has any relation to this. If I havent made myself understood. Please let me know. Thank you Caren
  24. I'm going to have to leave too getting busy. .thank you all for your help tonight. Will try and go back onto the site to lodge the defence tomorrow. Goodnight. Enjoy your rest DX.
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