The developer has issued a claim against me. The developer is also the manager and owner of the private road on which we live. I intend to fully dispute the claim. The date of service is today, 3rd May so I have a little time to get things together.
He is claiming £265 for what he states in the POC as
"charges incurred by our company on behalf of the residents of XXX which is a private road owned by our company. There are clauses in the sales contract for each property which allows us to pass on the charges and make a charge for management costs. The 10 other residents have settled their accounts in full."
The charges are for a Pumping station and the Electricity that runs the pumping station. But he's charging us nearly £700 a year to "administer" these bills that come in annually.
Right, so let me just say that the accounting system he uses is a mess, so I need to show that in court. He has been charging VAT at 20% on the electricity even though he only gets charged 5%. I have paid all the bills that he has incurred but I will not pay his extortionate management charge. But what I am looking for is a bit of help to really nail this once and for all. I can show the court that I have paid all charges in full EXCEPT his management charges. I am not paying any management charges because,
1) He has raised the management fee for the 11 properties from £395 to £695. Now obviously I only pay one eleventh of that, but our clause in our sales contract he talks about states that all charges should be reasonable. The reason he raised the charge by £300 was to recuperate money he lost taking another resident to court for a similar matter. He has been talking about my personal situation with other residents. Is he in breach of Data Protection Laws?
He has deliberately mixed up the payments I have made and apportioned them to the wrong bills, making it look like I haven't paid one of the at all.
The accounts that he has submitted in his POC are different to the ones he has given me.
How do I get back the money I am going to lose in defending this? Do I just ask the Judge to award costs, or do I have to counter-claim?
In short, I have paid my share of pumping station charges and electricity, but owing to the 40% rise in management charges and no justification or reasonable excuse for it, I haven't paid any management fees.
I just want to pay what is fair and reasonable, I am not his personal cash cow.
If anyone could help me, I'd be very grateful.