Mothers dispute with Lease Holder backdoor? CCJ found

[Tosca 2]

Hi, hope you can help?

I am writing on behalf of my mother who has dementia and am quite concerned that the free holder and her brother (who acts as her representative) of the flat my mother owns a 100 year lease of - which is the flat at the top of the building and the Lease holder's brother lives in the flat below and runs an estate agency on the ground floor, underneath that.

This person has been making demands for payments and repairs to the building, charging extortionate insurance and yet further what seems to me to be 'made up' repairs to the property.

In the building insurance documents , my mother is listed as business interruption.

He has been done for business insurance fraud in the past and was using bullying tactics to intimidate and frighten my mum who is now in a care home for her own protection. Some of the invoices look made up or are photocopied. 

Last year she did not pay her ground rent and business insurance (charged annually) because she was ill and lost capacity.

She has now received a county court judgement (made by him online).

Normally she pays £70 ground rent annually and around about £400  (which is supposed to be 50% of the insurance for the whole building) for business insurance.

she's been asked to pay is £7182.63 - which is £6727.63 amount claimed and £455.00 court fee.

As far as I know she did not receive a bill for ground rent or insurance because it wasn't in all paperwork I have looked through. 

Is there anything I can do?

Ps. It was sent on the 12th February and the amount needs to be paid by 1st March.

I also forgot to say that in the letter from county court it says

IF YOU IGNORE THIS ORDER YOUR GOODS MAY BE REMOVED AND SOLD, OR OTHER ENFORCEMENT PROCEEDINGS MAY BE TAKEN AGAINST YOU. IF THIS HAPPENS FURTHER COSTS WILL BE ADDED. 

[lolerz]

Hi Tosca.

Welcome to CAG.

Naughty Naughty by the freeholder to bring a claim against someone without the capacity to deal with it. 

When was the judgment awarded?

You should be looking to apply for an N244 set aside due to your mother's mental capacity.

CPR 21.3 is very clear that no further steps in the proceedings should be taken if a party involved loses the mental capacity and does not have a litigation friend to handle it on their behalf. A judgment should never have been entered in the first place

[Tosca 2]

Hi Lolerz,

Thank you so much for your reply, I will look into this immediately.  I have been so worried about this and now have piece of mind.

The date on letter was 12/2/24 and states it needs to be paid by the 1/3/24.

Thank you again.

[jk2054]

N244 set aside.

Will cost £275 but will get the matter dealt with.

Cant see any judge doing anything other than accepting

Get it filed quickly please.

 No delays

[Tosca 2]

Hi jk2054,

Thank you for your reply. Will look into this.

I have completed a N244 form and have been struggling to find a way it can reach the county court before the 1/3/24 (this is the date the court has asked my mother to pay by)  .

phoned the county court several times today and nobody would pick up and have sent an email to  [email protected], with a copy of the completed N244 form attached. 

I got an automatic response from them saying it will take 10 days for them to respond back, due to backlog of work.

I have also sent (via Guaranteed Next day Recorded Delivery) a paper version to the county court, with covering letter explaining my mother’s mental capacity due to dementia.

Any advice would be much appreciated.

Thank you. 

[dx100uk]

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