Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1900 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I think I know what I am doing but just need it confirming.

 

I have a CCJ against me for £1007 issued 9/9/14

 

Yesterday I received a letter from a HCEO it says

 

Sum Outstanding £1118.75

Interest £3.09

Compliance Stage Fee £90

 

Total Sum £1211.84

 

I am going to my nearest County Court that deals with High Court Matters.

 

It is my intention to make an application for a stay of execution (N244)

and also an application for a variation of the order as it was a forthwith judgement.

 

Just to murk the waters a little,

 

I received a letter from a DCA after the CCJ was issued telling me to contact them within 14 days.

I havent nor can I for the love of me find this letter.

 

Couple of things, is that correct.

 

Fill a N244 for the stay and N245 for the variation of the order.

 

I will try and take them first thing and have ask for a Judge to do it their and then.

 

And other advice received with thanks

 

Sorry, any idea why the amount owed has gone from £1007 to £1118.75 within a month?

Also if the value is incorrect on the writ, can this be grounds for it to be nil and void?

 

Thanks


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

The difference is the Costs of Execution. You seem to have in hand what you need to do. What grounds are you going to ask for the Stay on? Also note the application fee for N244 is £155 & N245 is approx £50, if not paid at the time your application is put on hold. If on certain Benefits or low wage then a full or partial exemption of fees may be possible - see Forms Ex160a & EX160c for details.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

PT is correct, the difference is £111.75 costs of execution.

 

The reason you now receive a notice of enforcement is to allow you to come to an arrangement with the HCEO for the creditor. You have no grounds for a stay of execution.

Share this post


Link to post
Share on other sites

Can you please explain why I have no grounds for Stay of Execution.

 

I find it interesting that someone ASKS what my grounds are but you TELL me I dont have any.

 

Thanks


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

The fact that are trying to circumvent the HCEO and pay the court directly suggest that is the case. The intention of the Notice you received and the regulations that brought it in are for you to be able to negotiate. The court should refuse any application that goes against this. Whether they will or not will have to be seen.

Share this post


Link to post
Share on other sites

Whilst I see HCEOs point of view - and it is right that it as an opportunity to pay or make an arrangement before any visits or seizure/removal of goods. I asked the question because we do not know the OP's circumstances, there are many instances where the first a debtor knows of anything is when the Enforcement Agent turns up on the doorstep. Of course if the debt has been followed all the way through then an offer of payment should have been made to the Court in the first place.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
The fact that are trying to circumvent the HCEO and pay the court directly suggest that is the case. The intention of the Notice you received and the regulations that brought it in are for you to be able to negotiate. The court should refuse any application that goes against this. Whether they will or not will have to be seen.

 

I think that you will agree that the new regs do actually allow for a 'stay' in the High Court although I am aware that many County Courts are allowing 'stays' to be made but from the many cases that I am seeing these are not a 'walk in the park'......and in fact, far from it!!

 

Only yesterday I received an enquiry from a debtor who has been asked by the court to provide copies of bank statements for the past 6 months to evidence that she cannot afford to pay the debt and two cases from last week where debtors had been ordered to pay the creditors costs for 'opposing' such applications.

 

The new regs have only been in force for a few months and the courts are frankly 'not up to speed' and in particular; they seem to be unaware that applications for a 'stay' should now be made in the High Court.

 

Secondly, debtors appear to be unaware that they can make a payment proposal anyway during the "Compliance Stage" with the High Court enforcement company and that if accepted, they will only incur a Stage 1 fee of £190.

 

If an application for a 'stay' is made to the High Court there is a fee of £155 for the application and the possibility of additional charges if the creditor opposes the application.

 

PS: I am sure that this subject is one that will feature in the forthcoming 'review' meeting with MOJ in 3 weeks time.

Share this post


Link to post
Share on other sites

I may have to ask this question elsewhere but

 

I am applying for a Set Aside and the claimants solicitor has, in writing, agreed to stay the HCEO until this is heard.

 

The question I have is I received services from a compaany whos website says

 

Please note that prices quoted on this website are guide prices only and will only be confirmed once an assessment has been made.

 

I did not receive any price but did receive the services. I then received an Invoice three weeks later.

 

 

This is not the sole arm of my defence but it is something Im looking to add. That there was no notification of cost in advance.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

I think you will be skating on thin ground using that as you admit you used the services even though you had no idea of the cost.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Hi

 

I am applying for a judgement to be set aside

 

Can I, on the same application or in the same hearing (To save money) apply that If I fail that the forthwith order be varied to £XX.XX per month.

 

This is currently under a HCEO order but the claimant has agreed to hold off until the Set Aside is heard.

 

Thanks

 

Plod, I have tried to message you as the details for my claim are very specific and I know from past experience that the claimants solicitor reads this forum, and your inbox is full.

 

Is there a way I can send it to you?

 

Thanks

 

Plod, can you post when you have read so I can delete the post please. Thanks


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

Yes if the judgment is less than 14 days old...otherwise no you must use the N245 Isiris

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Booo lol

 

Thanks Andy


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

Sorry but been one of those days. I've been able to see what you wrote and see the problem you have. I would agree with your thoughts about their admission and would go back to the same person to see if they can reolve this for you. If it is their fault then there is no reason why they cannot themselves apply to Court to have this set aside.

 

In the meantime you have the Enforcement Agent breathing down your neck and again it is for the person you spoke to to resolve this by asking they refrain from enforcement.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Thanks for the reply Plod.

 

I think that they are now conscious of the fact that they have paid so much in enforcement fees that they do not what to agree to the set aside. When I very first spoke to the solicitor, he agreed to the set aside but wanted to speak to the client, who then said no.

 

As I said, they have agreed to stay the HCEO until the Set Aside is heard.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

It may have taught them not to act in haste as it has a habit of coming back to bite them on the bum.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Hi

 

Im in court Monday on a Set Aside hearing and today, I have received a 5 page Witness Statement from the other sides solicitors.

 

SURELY this is not reasonable as I am a Litigany in Person and they have known about this date for 8 weeks.

 

Advice please


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

I think that you need to tell us about your application


Share this post


Link to post
Share on other sites

Ive just noticed as well, they are claiming £742.50 for costs for the hearing. Any advice please.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

The judgement was a default judgement

 

I moved out of the address they had for me and didnt tell them though at this point they were communication via email and not letter. I have a very very vaild defence which has been seen by plod on here and they agree.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites
Ive just noticed as well, they are claiming £742.50 for costs for the hearing. Any advice please.

 

Honestly cannot see them getting that.

 

Because they have left until the last minute to send the documentation you should have had ages agoyou could ask for one of 2 things on Monday:

1 - that the documents be dismissed as inadmissable

2 - ask for an adjournment to digest them & respond

 

It would be interesting to see when they submitted them to the Court & if this was in good time why yours were delayed.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Thanks plod

 

Should l I address this before the discussion of the set aside even begins.

If they do allow the witness statement, how do I argue the costs. This all seems a money making excercise to me


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

At the hearing the claimant usually gets to speak first, they will outline their case to the Judge and then you will be asked to comment/reply to any questions the Judge has. This is when you can raise the matter of late submission to the paperwork and ask the matter be adjourned to allow you time to take further advice/digest their comments.

 

I you do not feel comfortable with what has been thrust on you at such a late stage in the proceedings or you do not understand the paperwork, then I would strongly recommend you ask for the adjournment do not go ahead unless everything is crystal clear and you can counter any arguments arising from this recent submission confidently.

 

When you arrive at the Court it is usually the case the solicitor acting for the claimant will approach you and suggest a 'little chat' (to try and reach settlement) it would pay you to advise them at this juncture you will be bringing the matter of the late submission to the Judges attention and be seeking an adjournment. If the case get adjourned you can ask for your costs to having attended that day.

Share this post


Link to post
Share on other sites

Cheers WD

 

I would prefer I think as its a Set Aside to actually have their submission dismissed as inadmissible. They have known of the date of this hearing date since the 1st of December 14

 

Also, how do I question their costs?


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...