This is an update and advice needed.
I have received a letter the courts giving me a hearing date which is in a few months, with an attached N244 form. Via Small Claims Court
So far as it stands I am the claimant who has been summoned by the defended for a Summary Judgment.
· The defendant (Building management company )claims they are the wrong defendant, that there is no contractual relationship between me and the building management company (I am a paying Tennent and my landlord owns my apartment who pays a service charge to the building management company for the residential building where I live).
Am I correct in say that there is still a relationship between me and the building management company ?
Indirect if not directly.
· The defendant claims that the concierge company is responsible for the loss of my parcel.
However it’s the ground rent company who employs the concierge company, the building management company pays a fee to the ground rent company.
the service charge is in place by the building management company which pays everyone’s wages.
There is no direct relationship between me/landlord and the concierge company.
· The defendant claim that no duty of care was owed to me and my financial loss was not their fault.
I am very confused by this?
· The defendant claim that if I do not withdraw back my claim they will seek £3000 plus vat in costs if I lose the claim
· The defendant has stated that if I withdraw back my claim within the next few weeks they will not seek any cost and will wave off any costs up to date.
I am very confused about this statement
(surely if think that the case is invalid and has no success then its win win for them?)
(why would they want to pay off the solicitor or to be out of pocket?
I don’t get this.
A) My parcel went missing in July 2017 all my correspondence via email and post has been with the building management company where they have acknowledged my correspondence and have been involved in this matter since.
They have never up until I have received correspondence from the defence solicitor after failing to comply with the small claims court protocol and missed deadlines by them, that I have the wrong defendant, yet they have not explained this before or distanced themselves from this matter, or to point me in the direction of the concierge company.
B) The building management company were able to furnish me with redacted post room logs showing entries of my parcel to comply with My subject access request and accepted the £10 fee, a postal cheque to the building management company.
I mean if they had nothing to do with anything I wonder how they were able to get hold of the documents and to cash my cheque.
Also I received correspondence via email by the building management company asking if I would like to receive the post room logs via email or post.
I am so confused about this matter do I withdraw back my case or continue also making a request to the courts to add the concierge company to this case and to allow both the companies to fight this battle between them as to who own the responsibility of my loss parcel.
Any help or advice will be appreciated