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    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
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Possession Claim for Holiday Home over Rent/Services Debt CCJ - help to Set Aside the CCJ for 3yrs rent £300+Service Charges £6k


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Good evening everybody, could do with a bit of help please?

 

I own a holiday home on a park with a long leasehold which is subject to a service charge every year. Unfortunately due to having terminal cancer I have not been able to maintain these payments which are paid by letting the property throughout the summer.

 

Last year the park owner closed the park completely from March due to the Covid pandemic and has demanded service charges for items which should not have been incurred during closure.

 

Today, I have received court papers to repossess the property following the non payment of the service charges. There is no mortgage on the property, I paid cash for it. Please can anyone advise on this matter?

 

Thanks in advance

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Hi Vic and welcome to CAG

 

It gets quieter here over the weekend so please be patient.

 

If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/

 

 

Follow the instructions, copy the Q's and paste them to a post below and give your answers.

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I find it difficult to imagine that they actually want to "repossess" the property. Presumably there is nothing in the lease which says that service charge debts are automatically secured on the property.

You haven't told us anything about the value of the property as opposed to the value of the service charge which is being sought.

To a certain extent it's outside my experience – but it seems to me that this would fall under the heading of an ordinary debt. Of course if they obtained a County Court judgement, then they might eventually be able to enforce it against your assets – one of which would be the holiday home.

So I think you ought to give us a bit more detail and also post up the claim form in PDF format please

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Hi sorry for the delay in responding

 

You say you have a holidsay home on a park with a long leasehold.

 

Could you clarify if this is a Park Home which is basically a static caravan/mobile home on a a specific area within that Park which you pay different charges for due to your lease?

 

Couple of links for you:

 

https://www.gov.uk/government/collections/park-homes

 

https://www.legislation.gov.uk/ukpga/2013/14/contents/enacted

 

 

 

 

 

 

 

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 3 weeks later...

Guys, an update to the above and some questions if I may:

 

The property is one of 49 Chalets on a holiday park and as the owner, I am obligated to pay an annual Ground Rent and Service Charges.

 

The claim is for 3 years ground rent circa £300 and 3 years Service Charges circa £6000. 

 

However, the lease and the Claimants Solicitor says the charges are a 49th of the total sum of costs to the Landlord but the amount he demands are only a 24th of the total.

I asked the Landlord via his Solicitor in 2017 to clarify how his demands are calculated but to date have still not had a reply.

 

In the Claimants bundle there is mention of a Section 146 Notice being served on myself but I've never received it and there isn't a copy of it in the bundle, will this affect his claim?

 

Also, am I right in thinking the demand for ground rent must be in a prescribed format before it can be enforced?

 

Thanks in advance everyone.

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  • 3 weeks later...

Dear all,

 

I'm defending a possession order on a holiday home at the moment and one of the items the Claimant is using in their POC is a CCJ for non payment of ground rent in 2019.

 

I was aware of the case but was diagnosed with terminal cancer around the time and couldn't attend the hearing due to having Chemotherapy on the day. That was the last I heard of it until this claim for possession. 

 

I started to look at setting aside this unknown Judgement but there is no record of it on my credit file

I paid for a check on the Registry Trust Online and it's not there.

 

What does this mean and how would I defend against it being used by the Claimant?

 

Thanks in advance.

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threads merged for history

 

you would need to search under the address the CCJ was filed at.

do you have the CCJ number?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was living at the same address as I am now. I received the claim form and entered a defence on time.

Received a court date which I couldn't attend and then nothing, no judgement or any other paperwork. Is there a reason why a CCJ wouldn't be registered?

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what does MCOL say?
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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54 minutes ago, vic synex said:

one of the items the Claimant is using in their POC is a CCJ for non payment of ground rent in 2019.

 

 

and you are saying you DID get this claimform last year and you replied?

or are you getting slightly mixed up and its this claim for possession you replied too not the ground rent arrears Claimform?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Landlord tried to rip us off when we bought the Villa by trying to charge us for the last owners' service charges. Consequently, I refused to pay the ground rent because it was not requested in the proper format and his service charge demands were not worked out in accordance with the lease.

He took us to court for the outstanding rent and charges which is the CCJ he allegedly secured against us.

Fast forward to his claim for possession and the mention of this CCJ in his POC

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Yes thats correct and obvious from the possession claim...but doesn't answer my question other question...

 

17 minutes ago, dx100uk said:

you are saying you DID get this claimform last year and you replied?

 

how did you reply and where too?

 

was this a claim from salford court or northants bulk?

and you say it was for the PREVIOUS owner?? so not yours

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No, sorry, I've confused things.

 

It was because when the Landlord tried to tried to make us pay for the previous owners' service charges, I declined and got my Solicitor involved, the Landlord backed down and the matter was resolved.

 

The relationship between us and the Landlord took a nosedive because of this so when the next rent and service charge demand arrived. I refused to pay as the demand was not served in the correct format and the service charges were obviously not worked out properly. 

 

The claimform for the rent etc came from Salford and the AOS and Defence were returned there as prescribed. The hearing was transferred to my local court and we had the hearing date and time. Unfortunately, after being literally at death's door I was admitted to Hospital and diagnosed with terminal cancer so everything went a bit awry after that.

 

We didn't hear anything else from the court and things got forgotten amidst a whirl of operations, chemotherapy etc.

Then came the Claimform for possession with mention of the CCJ which we know nothing about.

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8 minutes ago, vic synex said:

mention of the CCJ which we know nothing about.

 

then you must have lost the claim because you didn't turn up.

what address was the rent CCJ claimform served too or is on it?

not the holiday home par chance?

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I concede that we probably did lose the case but where is the CCJ? It doesn't exist on credit files or Trust Online?

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it wont if the address it was served too and the address on the claim form was the holiday home

it will only show on TOL if you search the address it was registered against.

and wont show on credit files if the holiday home is not shown as a linked address in your CRA file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and what court was it from

northants bulk or salford?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thank you sorry to check that again.

why not give them a ring and ask what happened as you can't find anything on it?

 

not 100% sure how you move fwd with the possession order though the section 146 being missing is another puzzler here. too 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the help so far.

 

One more thing please, the Claimant stated the section 146 Notice was served in March 2020 but then sent a demand for Ground Rent and Service Charges in November 2020, does this amount to a waiver of forfeiture?

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Quote

In the Claimants bundle there is mention of a Section 146 Notice being served on myself but I've never received it and there isn't a copy of it in the bundle, will this affect his claim?

 

 

Section 146 Notices shouldn't be issued for arrears....only for breach of the agreement. The landlord cannot serve the notice if the lease has been breached for non-payment of the rent, service charges or administration charges unless the amount owed either (a) is over £350 or (b) includes part that has been unpaid for 3 years.

 

In the case of non-payment of service charges, administration charges or other breach of covenant in the lease, section 168 of the Commonhold and Leasehold Reform Act 2002 and section 81(1) of the Housing Act 1996 apply.

 

 

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Posted (edited)

The outstanding amount is over £350 and 3 years overdue.

 

My defence for the possession hearing would rely on the fact that the Landlord failed to demand the ground rent using the prescribed format. Has added VAT to the ground rent which is exempt and miscalculated the amount demanded. 

 

Can I use CPR 31 to ask for disclosure of documents prior to the hearing?

Edited by vic synex
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  • dx100uk changed the title to Possession Claim for Holiday Home over Rent/Services Debt CCJ - help to Set Aside the CCJ for 3yrs rent £300+Service Charges £6k

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