Hine Hall management limited/PDC claimform - unpaid service charges..but i paid them!

[dx100uk]

Are you saying the letter has been struck out theres no judgement yet or the whole claim has no been struck out?

[Leoricsson]

Just the judgement atm, I’ll be sending form n180 off this weekend for round 2. Guy on other end of courts phone was very pleasant and reassuring.

[Leoricsson]

I sent off the form n180 in good time and have received the copy of the form from PDC law

 

now as I suspected might well happen I have a letter from my mortgage company saying that a company called ‘legal indemnity’ are saying I owe £3842 for outstanding charges on my property which is another £1600 on top of what they are claiming I owe them on their court claim!!

 

I will phone my mortgage company on Monday to tell them this is a court case now and they should not pay it but I mean what the hell! Are they even allowed to do this once they themselves have already escalated it to a court claim?

And not only that but add even more phantom charges?

 

I’m assuming legal indemnity is another division of PDC law.

How can I make them stop doing stuff like this?

I’m worried I’ll miss one of these letters sooner or later and my mortgage company will simply pay them.

Edited October 27, 2018 by dx100uk
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[dx100uk]

we've seen them do this by default here before

[AndyOrch]

Legal indemnity insurance indemnifies property purchasers or mortgage lenders against issues arising on a property title or covenants. The policy coverage benefits property purchasers and their successors in title (including mortgagees and lessees).

 

https://www.legalfutures.co.uk/latest-news/debt-collection-abs-pledges-undertake-genuine-no-win-no-fee

[Leoricsson]

I phoned my mortgage company and told them not to pay, giving the reason being that it is now a defended court case.

The person I spoke to only was someone who writes notes on the account and I apparently never get to speak to anyone who makes decisions therefore I need to phone back again to see what the outcome is.

 

I read the link but must be missing something as I didn’t see anything that I might find useful

Is this normal practice once a case is being defended in court for it to be claimed through a back door?

 

I’m confused and worried that my mortgage company might pay it and add it to my mortgage.

I imagine a court date won’t be scheduled for months yet.

 

I had hoped I would simply go to court, show them evidence I had paid and job done

Have PDC law contacted the insurers for the mortgage?

And where has the extra £1600 come from?

There was no breakdown whatsoever.

 

Sorry for all the questions but I’m so confused.

 

Happy to read other articles/threads with similar situations or information as I know you guys will be busy but struggling to find them.

[Leoricsson]

Phoned my bank and asked them to not make the payment.

I have received a letter from my bank stating the following:

 

“Thank you for your call to our customer service team. Our understanding of your request is you are currently disputing the charges demanded from legal indemnity and have asked that we do not make payment.

 

Firstly thank you for contacting us with your concerns.

Whilst we do not wasn’t to prejudice your position, legal indemnity have served the enclosed section notice.

This means that if charges are not paid by the prescribed time within the section notice, they can then issue court proceedings to take possession of your home.

 

If you continue with your dispute we may need to refer this to our solicitors to protect the security your property represents to the bank and also prevent you from losing your home. If this course of action becomes necessary you will be liable for the costs involved and these will be added to your mortgage balance.

 

The enclosed section notice sent by legal indemnity gives me a notice under section 146 of the law of property act.

 

We legal indemnity of [removed.dx] duly authorised agents for Hine hall management.

 

Hereby give you notice that:

 

1 by a lease dated 12 December 1988 and made between zodecco limited (1) and Patrick Kwangju liu (2) the property known as ********* was demised unto the said Patrick kwobg liu for a term of 999 years from the 24th June 1988 at the rent and subject to the other outgoings Theron stated.

 

2. The reversion of the said lease is now vested in Hine Hall management limited.

 

3. The residue of the term of the said lease is now vested in Hine Hall management limited.

 

4. The said lease contains covenants by the lesser, inter alia, as set out in the attached schedule hereto.

 

5. There have been breaches of the above-mentioned covenants in that:

You have failed to pay arrears of service charge of £2150, and legal costs of recovery of £217 and pdc collection fees of £299.95 comprised within a judgement of county court money claims centre. Claim number **** dated 26 September 2018

 

6. You are hereby required to remedy said breaches that may be capable of remedy and to make compensation in money to the landlord in the sum of £2667 AND IN ADDITION to pay the costs of their agents in the sum of £1150 for the preparation of this notice and disbursement’s of £25 (£1175) within a period of 14 days from the date hereof.

 

7. If you fail to comply with the above requirements within the period of 14 days from the date hereof it is the intention of the landlord to proceed to enforce rights to re-enter upon the demised premises and to claim damages for breach of the said covenants.

 

They they proceed to give me NOTICE under section 81 of the housing act and state some parts of the act.

 

I don’t know how to proceed and really need help in how and who I should respond to as insofar that I was aware there cannot do this without first getting a judgement from the court.

 

 

Also how am I to be forced to pay legal fees from my mortgage when I’m only trying to protect my interests.

I do NOT owe Hine Hall management this money as it was paid prior to the DCA making a court claim.

They just didn’t communicate with each other.

 

 

This claim and additional charges been laid on top are made up numbers the DCA are trying to get from me.

Can my mortgage company force me to pay their legal costs?

 

Any help would be really appreciated as I’m unsure how to proceed.

Edited November 5, 2018 by dx100uk
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[dx100uk]

are the mortgage co. aware the judgement was a mistake?

 

and what date did they get that stuff they refer too.?

ie The enclosed section notice sent by legal indemnity gives me a notice under section 146 of the law of property act.

 

the 146 may have been sent BEFORE the mistake was realised by the court and is thus now null and void?

[Leoricsson]

As far as mortgage company are aware. It is an ongoing case. There is no judgement.

 

This 146 has been sent to them AFTER the mistake was realised by the court and rectified. This was also recieved AFTER the copy of form n180 was sent to me by PDC (the DCA) so they are definitely aware that there is no judgement, yet they have sent this claim to my mortgage company irrespective.

 

I’m guessing to try to continue to scare me with rapidly escalating charges that have not been realised in court.

 

My concern is with what my mortgage company are saying that they may seek solicitor advice if I continue to dispute the claim and charge the fees to me.

Can they do this?

In simply defending my case.

 

No doubt the DCA are trying all they can do get the money and make up more fees along the way as after all they are claiming £2200 of made up fees already in court and now made up another £1600 to boot

Edited November 5, 2018 by dx100uk
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