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Count Court Action by the Management Company (Housing)


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I will post docs later when I can.

 

I have recently been in receipt of a CC Claim from the company that manages the communal areas of my flat (it is mortgaged to me).

 

I was thinking that I need to ask them for all the documents using a CPR request. Will the standard one do for this? This is not the usual Creditor/Debtor situation that often comes up on here.

 

Are their procedures they must follow before issuing County Court action? Because they certainly have not. The odd letter, with my name totally wrong on it, but nothing else of any substance.

 

The management company are actually taking me to Court on behalf of the company that employs them, which I am a shareholder!!! The Director of that company has not instructed them to take this course of action. He as asked them for copies of their paperwork (informally) and they have told him they are going to look for it.

 

I suspect, due to their continued mal-administration, that they will struggle to produce anything that authorises them to do anything.

 

Any thoughts? As I said I will post copies of the Court Claim later.

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FX,

 

What does the claim seek? I assume for the moment that it is a claim in contract for money, say some form of service charge, and that the Claimant alleges you are in breach of the agreement, most probably a lease. If so and for a kick off I should want to see the lease or other contract, and any other document mentioned in the Particulars of Claim. That would be a way of ascertaining what the claim is about if, as you say, this claim has come as a complete surprise to you.

 

On the matter of whether proceedings were authorised, this is a question of fact. There is either authority or there is no authority. I do not understand as yet the relationship between the company which has sued you and the company you say 'employs' the company which sued you. Can we have some more info in that regard.

 

x20

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OK, lets try some links.

 

I am thinking I will be needing to do something along the lines of TomTerms guide...

 

th_Page1-clean.jpg

 

th_Page2-Clean.jpg

 

These are the very vague POC that they submitted, on a photocopied form, and I received a copy stapled to the normal blue Response Pack

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getting a tad confused, the poc etc is to do with service charges, however image 3 is from hamtons re 1st credit

 

If the issue is the poc then I would send a cpr to get the exact details of these service charges and their breakdwon.

 

I assume that you purchase a leasehold on this property and they are tasked to maintain it. is there a yealy fee that you pay, if so why the extra charges

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What does the claim seek? I assume for the moment that it is a claim in contract for money, say some form of service charge, and that the Claimant alleges you are in breach of the agreement, most probably a lease.

Correct.

 

On the matter of whether proceedings were authorised, this is a question of fact. There is either authority or there is no authority. I do not understand as yet the relationship between the company which has sued you and the company you say 'employs' the company which sued you. Can we have some more info in that regard.

 

There is a company set up, of which I am told I am a shareholder, called "XXX Management Limited" - which employs (YYY Property Management Ltd) to manage the insurance, window cleaning and up-keep of the communal areas.

 

I have spoken to the Director of XXX Management (my comapny as it were) and he is as in the dark as I am. He has requested documents from them as he "doesn't know what I am a Director of" - and advised them to back off. I am unsure if they will.

 

I will speak to him later to see if he has had any more feedback.

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getting a tad confused, the poc etc is to do with service charges, however image 3 is from hamtons re 1st credit

 

I have removed that. Sorry for the confusion. That was a different battle - that I won!

 

I assume that you purchase a leasehold on this property and they are tasked to maintain it. is there a yealy fee that you pay, if so why the extra charges

 

You assume correctly, except that the fees are administered monthly.

 

Are the CPR rules universal accross the Courts? Can i request all their info via the CPR and if so, will the Intri to Litigation by TT have something I can work on?

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Hi Guys,

 

Just re-read the thread - for clarity - I owe this money, and I owe it to my neighbours, and it needs to be paid.

 

The management company has unilaterally elected to choose this course of action without consulting anyone from our block of flats. My neighbours know of my financial plight, and are OK with it. They do not want the action to proceed. But, I am hoping not to let the management co get a CCJ against me due to either my own inaction, or that of my neighbours.

 

My aim is to stall any action until I get get it resolved with the neighbours, and then get it stopped. It would be nice to have a decent case to have it thrown out if needs be.

 

I am thinking this is a start for my first letter: (It is TomTerms basic guide, but modified).

 

Also, what is section69 all about and can they claim it in this case?

 

In the Southport County Court

Claimant -v- BlurredFX

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the all the documents you intend to rely upon in Court.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company.

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

c. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

 

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of your claim.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

 

Any thoughts?:???:

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