Claimform on service charges. *SUCCESS* - now at it again!!

[Caren]

Hi Andy, just recieved the notice of proposed allocation to the small claims track, so I've got to complete Directions Questionaire and file it with the court office. I assume file it means just to return the Questionaire ?

 

Guess they think I have a case, guess what just recieved another service charge in the post with no Summary of Terms attached again!

Caren

[andydd]

Yes..Directions is standard form to fill in, make sure you say you want it transfered to your nearest court, as a LiP you can have it at your nearest court and they have to travel (if they live somewhere else), where is their solicitor based ?

 

Youll prob get a Mediation offer too, always best to accept ghis, if it goes ahead its just a conference call with mediator guy to try and resolve issue.

 

Is the new Service Charge demand the same as the old one ?, or is it a new bill ?, always remember that failure to attach Summary doesnt mean it wont be payable but means you can withold untill its sent with summary attached.

[Caren]

Hi Andy and Dx

 

The latest on the claim,

 

I just recieved a notice of discontinuance of the claim today.

I guess the freeholders backed down,

 

What happens now if they sent that to the court

does that mean I can't ask them for any costs for defending

because I still want do give something to consumer forum.

Is that it with all that stress they put on me, etc.

[dx100uk]

Hey there you got

 

I said long ago we love nailing fleecers trying it on

 

now I hope you understand why we were so persistent in the first place.

 

don't think you can get wasted costs in small claims?

[Caren]

Yeah def feeling victorious about it and with all you guys patience with me I can say THIS FLEECER HAS BEEN NAILED

[andydd]

Great news. Made me feel all warm and tingly .

 

Let me investigate and have a re-read of the CPR RE: Costs, this is where a Summary Judgement application would of been great, could of got it struck out and got extra costs, but there was always a risk with that method.

 

There is still the issue of the S20C though, not sure what happens to this now, perhaps you need to remind the court.

 

S20C's are important because in theory in some cases like this where the Freeholder has lost, he can try and still recoup the costs via the service charge IF the leases allows (don't think yours does).

 

Overall great news

 

See here > http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.2 for stuff on Discontinuing.

 

Normally you could claim costs incurred up to the point of Discontinuance BUT not when its allocated to small track, did you actually get a letter saying it had been allocated ? (I know you had letter proposing it), it might be worth asking for costs, it cant hurt to ask..Ill find proper form.

[Caren]

Hi Andy

I recieved the form which had Direction too small claims with directions questions to complete and offer of telephone resolution which I agreed to both as per your advice,

[andydd]

I think you could argue that as it hadn't been allocated to small track yet and that 'normal' costs rules apply. here is form > http://wbus.westlaw.co.uk/forms/pdf/cpf09002.pdf

 

You could put down maybe 3-4 hours research and 1-2 hours filling in forms/correspondence at the Litigant in Person Rate of £18 per hour.

 

This post deals with this very scenario > http://www.consumeractiongroup.co.uk/forum/showthread.php?247247-Small-Claims-Track-Discontinuance-advice-needed

 

What does it say on the Discontinuance notice, could you post it up (removing details) ?

[Caren]

Hi

this might sound trite but I have been referred to a solicitor for a demand of my service charge for £171.00.  

The demand is on a 14 day old invoice send to me for service charges on 10th April, 2019"  

The freeholders are a  big financial property and lettings company and I am a leaseholder of 10 years.  

I am not behind on any debts.

 

they have demand via a solicitor and added £40.00 charge.

For payment I said I would pay at the end of the month.  

There was no Rights and Obligations sent with it therefore it could not be demanded.  

The solicitor, said I had to pay and I received her letter after I had paid.

 

to be honest, they have no reason to be chasing me,  

I have said to the solicitor that she is acting wrongly and this was intimidation and she should Be reported to the law society for acting on this matter in such circumstances.  She has responded with that she has requested a copy of my lease and will be writing to me shortly about my obligations under the lease.   

 

I havent done anything wrong.  

I am getting fed up with their bullying,  

 

 Is there anything I can do

i.e. Write to the financial ombudsman about their conduct towards me.

 It feels unfair that they are allowed to do this and not hale any recourse.

 

thank you for any responses 

 

 

 

 

[AndyOrch]

Hi Caren

 

How do you normally pay this service charge ? When do they normally invoice you ?

 

Regards

 

Andy

[Caren]

Hi, Andy.  I normally pay via direct debit when I get paid at the end of a month.

 

its quarterly,  it's sent via email, so there is evidence of receipt for 10th April,

 

caren 

 

 

[AndyOrch]

And so your 4 days late and you have always paid this way and they have never instructed a Solicitor before ?

[Caren]

Hi, Andy.  

 

I was 14 or so days after receipt of the invoice via email. Solicitors letter received on same day,  ,Should companies allow 30 days anyway?

received invoice for service charge 10th April

Paid 26th April

solicitors letter received 26th April after paid.

I'm told by solicitor I am now going to be issued with another letter and are going to review my lease and write to me according to solicitor

dont owe them any past debts

No Rights and Obligations thing sent with the invoice which I understand makes it illegal for them to demand the costs. Mentioned it to their solicitor in email.  No response back to me.

 

 

 

[AndyOrch]

Its due for payment on the date stated in your lease.....and whatever it states on the invoice by date..not sure were you get 30 days from ? If its the same date every quarter can you not set up a DD or SO so its paid within the stated timeframe ?

 

received invoice for service charge 10th April Paid 26th April  So thats 16 days after reciept

 

As for their £40 Solicitor charge ignore them...but in future get it paid on time dont give them opportunity.

[Caren]

Thanks Andy

I got 30 days from gov website about timeframe to pay an invoice.

 

They asked me via email when I was going to pay I said end of the month.

 

That was accepted by the credit controller!

 

thanks for advice, but that said, most of us don't have funds in our accounts until pay day esp, when they send it mid month so it wasn't intentional.

 

as it's quarterly I never know when I'm going to receive it, they never give a next billing date.

 

thanks for your advice.  

 

Ps I think you've been on here for many years haven't you!   

 

 

[dx100uk]

is this the same lot that tried it on before with you?

 

[Caren]

Hi.   Yes it's the same people!   I just think they still want their retribution from before,  I'm not even a serial debtor!  Just a occasional mishapper,

 

big to Andydd

 

Caren

[dx100uk]

ok ive merged the thread and updated the title

you'd think if they'd had their finger burned in court once , they'd take the hint this is not allowed.

 

p'haps andydd will comment..

[Ethel Street]

8 hours ago, Caren said:

 

I got 30 days from gov website about timeframe to pay an invoice.

 

 

 

 

 

From this site?

 

https://www.gov.uk/invoicing-and-taking-payment-from-customers/payment-obligations

 

It is referring to business-to-business invoices, although the page isn't very clear about that, and is summarising the Late Payment of Commercial Debts (interest) Act 1998 and subsequent amendments. So it wouldn't apply in your case as you are not a business.

 

In any case, as the gov.uk page says, 30 days is only the default if the invoice doesn't state some other payment date.

Just now, Ethel Street said:

 

 

Edited April 30, 2019 by Ethel Street

[ericsbrother]

they have to follow a particular set of rules and part of those rules will be in your lease so waht does it say about payment of costs if you are late paying your ground rent or service charges

[andydd]

You mention they didnt include the service charges - rights form as per here > https://www.lease-advice.org/advice-guide/summaries-rights-obligations-service-charges-england/ if so..then nothing is payable, also be aware if they try it on and ask for admin charges this requires a seperate and different form....assuming the lease allows such charges..most dont