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    • Do you mean your particulars of claim? – In that case, I'm sorry but I missed it. Please could you indicate which paragraph is at?
    • dx100uk Yes that's the wording.  I'm not clear who the applicant is in this situation!    LR say that the applicant is the buyer or their conveyancer. So in that case as others have said on here - the buyer/conveyancer need only write to the council after the sale.   OR Does 'applicant' in this case refer to the council who made the application for the restriction?    If the former this is dependent on my solicitor and the buyer's solicitor being aware of this type of restriction and particularly the purchaser is unfazed by a 'restriction' on the property. LR confirmed earlier that as my father was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction.  If the latter then the council won't do that until I've paid the bill [whatever that is now]
    • Thanks    I have also stated the same right to reject in my WS Hearing is on 23rd October 
    • But they still can send a claim form to your old Address. You won’t even know about it either, therefore won’t be able to defend The next thing you know is when you are turned down for credit and find a fresh, shiny CCJ on your file.   The answer is to let them know your current address via post. That way , if they are stupid enough to try any action, they won’t have a snowballs chance in hell of winning. You have the ultimate defence! It’s statute barred.
    • Also, I should point out that you will win anyway – but you are making it much more complicated than it needs to be. If you simply raise the question of your statutory rights and his breach of obligation then the judge will give you a judgement in your favour within five minutes. Because you have raised pretty well every other issue bar that, the judge will have to consider the entire aspect of the defects and whether they do amount to a substantial breach of contract and whether they could have been repairable et cetera et cetera et cetera. Although you will eventually win, it means that the judge may have a complicated issue to decide and of course it will simply prolong the agony. Simply raising the fact that the dealer refused to comply with your assertion of your right to reject will bring the entire case shuddering to a halt in your favour and the judge doesn't need to listen to any other arguments. He simply needs to see your letter of rejection.
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Hi

 

I moved into my privately owned , council leased flat in 2002. I did all the relevant registrations with the landlord ( council ) for council tax and service charge.

My council tax bills were sent in my name and were paid on time. The Service charge details were not amended. I forwarded the post to the previous owner.

In 2005 when I applied for a remortgage I found this problem and I "owed" this debt.

When I requested details of the bill the debt was just added to my service charge bill.

I had had no details of what they were trying to bill me for and requested I had a copy of the original bill. The Council failed to produce this until February this year in which I recieved a "re- issued invoice " for the period 1st April 2003 - 27th September 2005.

I have been trying to find out why I was not billed in the first place as like most people I do not have £1153 spare.

The council have refused to advise me of this and still demanded the monies. I made an offer to pay the money over a 6year period. The same time sapn as i took to get a bill.

This offer was refused with no chance of negotiation and been refered to solicitors.

 

Does anyone have any idea where I stand legally

 

Thanks in advance

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The Service charge details were not amended. I forwarded the post to the previous owner.

 

Being realistic here, you must have known that you were liable for these charges. Rather than just forwarding the bills to the previous owner (who probably binned them thinking it was a mistake - which it was) you should have corrected this mistake at the time. Councils do make mistakes (as do other organisations) and it never pays to think you can escape your liabilities because of such a mistake - they always catch up in the end!!

 

I have been trying to find out why I was not billed in the first place as like most people I do not have £1153 spare.

 

You know the reason - you had not corrected the original mistake and ensured that the name was changed in the first place and you were forwarding the bills to the previous owner.

 

Does anyone have any idea where I stand legally

 

Thanks in advance

 

You do owe the money - however, under the circumstances it is not unreasonable to expect to be given time to pay and I suspect if you write to the council/solicitor and offer to pay the arrears over a more reasonable time period e.g. 2 yrs?, they will accept that offer. I am sure if it went to court that the court would allow you time to pay. You don't really want it to get that far though as court costs will be added to the bill.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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