Jump to content


  • Tweets

  • Posts

    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
  • Recommended Topics

  • Our picks

  • Recommended Topics

Managing agents ridiculous solicitor charges.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3961 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi.

 

I need some advice.

I am a landlord of a 2 bedroom apartment in Ealing, London.

 

I was late paying my service charge so I recieved a letter from a solicitor that my managing agents had gone to and they had set a court date.

 

I spoke to the solicitors, they said pay x amount which was the outstanding service charge fee + 250 pounds or so court fee and that will cover everything. So I paid it and the court was dropped and everything was sorted.

 

A month later I recieved a letter from my managing agents demanding 610 pounds to cover legal fees that they had inccured from the solicitor.

 

I wrote a letter to the managing agents refusing to pay this amount.

 

I then recieved a letter from the solicitors stating that I am liable to pay for the 610 legal fees. So I paid it.

 

A month later I recieved a letter from the managing agents AGAIN demanding another 600 of legal fees they had encured from the solicitors for my refusal to pay letter.

 

The manging agents have sent me a copy of the solicitors invoices.

 

What do I do here? I need some advice? this seems a ridiculous amount of legal fees to be paying. Where do I stand.

 

Any advice would really be much appreciated.

 

Thank you

Link to post
Share on other sites

Could you clarify this, by landlord do you mean you own (leasehold) the flat and rent it out ?

 

I am assuming that you are not the freeholder ?. Freeholders are often also refered to as landlords so this could cause confusion, you perhaps should refer to yourself as a leaseholder.

 

You mention a management agent, normally a lease is between yourself and the freeholder and all legal action must be taken by him, the management agent is just a 3rd party employed by the freeholder to do the work, however it may be that the management agent is also party to the lease.

 

Find your lease and read it and see what mention there is of a mangement agent, also see what mention there is of legal/solicitors costs, sometimes the leaseholder is liable for them, othertimes, he is not.

 

There are lots of loops for freeholders to jump through and it may be that you have an arguement that nothing is payable, for example, demands must be sent showing his name and address, a 'summary of rights' must be attached, and served with 18 months and also complying with the lease.

 

It also may be that the extra costs added on may not be payable, only if the leases allows adminlink3.gif/legal costs can be added, you can dispute costs at a Leasehold Valuation Tribunal, a sort of informal court, it may be that if you go to court they would transfer the case there.

 

I suggest visiting the following sites:-

 

Leasehold Advisory service - (Great free help) - http://www.lease-advice.org/

 

RPTS - (Info about LVT's and how they work) - http://www.rpts.gov.uk/

 

Landlord Zone (Great forum for leasehold issues) - http://www.landlordzone.co.uk/forums...hold-Questions

 

The Landlord & Tenant Act 1985 (Sections 18 - 30 apply) - http://www.legislation.gov.uk/ukpga/1985/70

 

Feel free to post any further questions.

 

Andy

Link to post
Share on other sites

Thank you

 

I own the property and am not renting it out. Sorry for the confusion.

 

The apartment is share of freehold

 

Do you own share of the freehold ?. have there been any meetings of the shareholders ?

 

I see youve posted in the LandlordZone forum too, there are lost of knowledgable people there so you should get some good advice.

 

Andy

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...