PDC - Property Debt Collection Claimform

[andydd]

Sorry Im late to the party, so is this a leasehold house or freehold house but there are still some service/estate charges to pay ?

 

If it was leasehold, there would be a lease, this is the contract and would stipulate the amounts to be paid and whether any extra admin fees can be added on.

 

Its not clear if this is leasehold,

in that case a lot of the protections such as valid demands for service charges, admin fees dont apply, but somewhere there must be some form of contract that means you must pay the amounts, otherwise the company involved couldnt sue you........

 

In a standard lease arrangement the contract is between you and the FH and only he has the right to sue you, he may though employ a managing agent for day to day admin, occasionally the lease is tripartite meaning all 3 parties are party to the lease.

 

Contracts involving leasehold houses or freehold houses that are party to some sort of maintenance contract are more complicated, this page - http://www.lease-advice.org/faq/what-are-the-implications-of-buying-a-leasehold-house/ MAY help.

[andydd]

Remember IF it went to court they would have to show

 

a) That there is an agreement between you and the claimant where you agree to such charges

 

b) That the claimant has the right to such charges (it appears this should be the property management company named in the deeds, although if its like a lease, this can change and be sold on, my lease lists the original freeholder and original owner/leaseholder but this has changed many times over the years).

 

If they were sending initial demands to the wrong name it may be they could correct this now and the sums would be payable BUT any extra late payment fees clearly wouldnt be.

[andydd]

You may find this useful - http://forums.moneysavingexpert.com/showthread.php?t=3815513

[andydd]

Ive had 2 lots of mediation..both bit pointless..the mediator phoned me and the claimant in turn and we both stuck to our guns and wouldnt budge so it went to court..sometimes its a clear black n white argument where there is no real compromise..but it does of course look good if you can budge a bit.

[andydd]

Some things in the CPR the parties MUST comply with or if a court has told either party..if its something they didnt do then get to the court and ask for it to be struck out.

 

But it sounds as if its just issues that can be discussed at the end when it comes to costs..we assume,e its on small track/.so wouldnt normally be costs but you can pipe up then and mention their failings.