Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

[lolerz]

Each listed defendant should do the same thing individually.

[1penny]

Ok many thanks, glad I asked.We will both do the AoS tonight.

 

 

[dx100uk]

yes very important through the whole claim process, you must each individually duplicate everything at every stage.

dx

 

[1penny]

Many thanks. And for the CPR 31.14 request do we each need to send one or can we both print our names on the 1 request ?

I will draft that tonight to and send it tomorrow.

Thanks

1Penny

 

 

[dx100uk]

you much each duplicate everything individually 

[1penny]

Hello

AoS has been submitted by both of us.

Now looking to send the CPR 31:14 today. I will remove any mention of a default / termination notice as not relevant. Should I remove notice of assignment too ?

In terms of copies of docs that I request, should that be the statement of account and lease only or should I request anything else since the particulars of claim are vague ?

Many thanks

1Penny

 

[dx100uk]

47 minutes ago, 1penny said:

Should I remove notice of assignment too ?

yes.

 

[lolerz]

CPR 31.14 should request all documents they plan to use in their case.

I would request:

Invoices (including for their admin charges!), Section 20 Notices, a Statement of Account, a copy of your lease, a copy of the Year End Accounts for 2019 through to 2023, any reminder letters sent.

Lets see what turns up

[AndyOrch]

1 hour ago, 1penny said:

In terms of copies of docs that I request, should that be the statement of account and lease only or should I request anything else since the particulars of claim are vague ?

Documents referred to in statements of case etc.

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

 

Vague for the above reason.

 

Andy

[1penny]

Ok dx, Lolerz , Andy many thanks for the pointers.

I will draft and send the CPR 31:14 later today or tomorrow. Hopefully they won't charge too much for this. I ask for these even if I already might have some copies ? 

I am reading through some defences and will have a go and draft one by Sunday evening as I have some work commitments over the next few days.

Appreciate the help and guidance.

1Penny

 

 

 

[AndyOrch]

CPR 31.14 is free

[1penny]

Ah ok but they can charge for copies of documents that we ask for ?

Sorry if a silly question, but as it is a joint claim, do I need to send the 2 CPR 31:14 requests seperately or can I put them in the same envelope ?

[AndyOrch]

They could but i have never seen it happen assuming they even respond. Same envelope.

 

.

[1penny]

Many thanks.

I noticed when doing the AoS that the address of the solicitor and the freeholder are the same.

Will get the CPR 31:14 drafted and sent off asap.

Many thanks

 

1Penny

[lolerz]

I imagine PCB Legal is handling the day-to-day operations for the freeholder.

 

Quite a common setup, also common for the freeholder's address to be that of the Managing Agent. (Speaking of which, you never mentioned who this was)

 

Freehold company has been set up with the sole purpose of holding the freehold title and collecting ground rent.

[1penny]

Hello Lolerz

The managing agent is JCF Property Management.

[lolerz]

Topic title updated.

[1penny]

Hello

 

Apologies just a question.

Do I include the below in my CPR 31:14 request ? Hoping to send this shortly.

: the agreement/contract. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

Thanks

1Penny

 

 

.

[lolerz]

My understanding is said contract would be your lease.

 

No harm in leaving it in imo but let my site team colleagues double check.

[1penny]

Many thanks.

[AndyOrch]

10 minutes ago, 1penny said:

should be attached to or served with the particulars of claim

You can remove the above as its not a requirement for MCOL claims but the rest applies

[1penny]

Hello Andyorch

Many thanks, I will remove the part as you suggest. And instead of contract replace this with lease ?

I will ask them to provide :

Invoices

Statement of accounts 2019 - 2023

Section 20 notices

Arrears letters ?

 

Is this ok ?

Many thanks 

1Penny

 

[lolerz]

leave as is apart from what Andyorch mentioned.

Request the others in a similar manner to how you're requesting the contract

 

Post up what you've got in the end and we'll double check.

[1penny]

Ok you want me to post up before I send or post up what is provided to me by the solicitors ?

Sorry for my stupid questions.Just wany to ensure that I send correctly.

Thanks

1Penny

[AndyOrch]

Lease/contract one and the same ...post your final draft here before sending.