I Need Help urgently - have recieved claim form for invoices for ground rent!!!!

[bh2362]

Hi Guys,

I have recieved a claim form from a solicitors with reagards to unpaid ground rent, the reason i have not paid the past invoices was due to confusing as two separate companies have been collecting ground rent and service charges.

anyway the amount is for £2000

i have acknowledged service, i also sent the solicitors a letter under cpr 31 for copies and more information about the contract and the invoices,

on the POC they only list amounts, they do not show the invoices, or the charges etc, i was hoping this request would get me some more info so i can decide to pay them or not, they seem very high.

but they did not enclose these with the claim pack.

 

I got a letter back today from them saying CPR 31.1(2) does not apply to claims on the small claims track and no provision would be made in my request.

 

so ive hit a brick wall, should i reply back to it?????

i need to file a defence by 26th it seems they are frustrating proceedings.

 

please help

 

B

[bh2362]

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[bh2362]

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[the_shadow]

Hi bh2362,

 

They know that the claim is not on track at present and wont be until you file AQ's therefore they shouldnt deny you. I would respond by telling them you will be applying to the court to get sight of these documents and by them frustrating your request you are unable to plead effectively, also that you will be seeking costs of the application from them.

 

Problem is time is on there side at present, the time to act would have been 7 days after your letter hit their doorstep. Could be worth phoning them alongside sending it by recorded delivery.

 

If they still turn you down an application on a N244 for a hearing should be made, alongside this application a witness statement should set out exactly why you need to information and the requests you have made

 

Just my opinions tho...

 

S.

[bh2362]

Thanks Shadow,

I thought i was not going to get a reply, I can fax them tommorow, and also send a letter 1st class recorded, I will have to file a defence on the 27th I have checked, I am going to include the two letters, the first one for the CPR 31 request, and there reply, and this one.

Just a question, is it considered unacceptable just to list invoices without providing the original invoices for me to look at and confirm are correct?

all they put on the POC was the totals.

I would appreciate someone holding my hand on this im not too confident, i dont mind paying in the end but I dont want them to rip me off for incorrect invoices.

Thanks Again for your Help.

 

B