Jump to content


  • Tweets

  • Posts

    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

property service charge penalties


yachtsman
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5174 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello all, any help with this much appreciated. I have a dispute with a company claiming service charges and interest over a period of six years on behalf of the developer on a property I owned. The matter only came to light after the sale of the property. It is complicated by the fact that the property is in a marina and their are two companies collecting service charges. One for the marina generally and it now transpires one for the developer. At the time of purchase the company collecting for the developer was not in place and the first six months charges were paid direct to the developers lawyer. I have pasted the letter I sent them below as it is easier than trying to describe the situation. Their response today has been to cash my cheque but to insist on all penalty charges and interest to still be paid. The property is freehold and I have no copies of the "lease" or any demands. Do I have any rights? Many thanks. The total bill was just over £1000 with £300 made up of admin, interest, debt collection agency fees and a court fee of £80. It was never in my interest not to pay as the charge was tax deductable. I just never had any bills to pay!

 

17th July 2007

 

 

Dear Sirs

 

Due to the sale of my property at xxxxxxxx in April this year it has been brought to my solicitors’ attention that outstanding service charges dating from 2001 have not been paid. This is much to my surprise and extreme annoyance.

 

I purchased the property in October 2001 and lived there until May 2002. I moved out in May and the property was let through xxxx Lettings Ltd under their full management service.

 

I left three forwarding addresses with the letting agent, one of which was to my accountant and another was to my mother, the legal secretary at my solicitor’s office, who also had full power of attorney to settle all bills, as I would often be overseas. In addition, from April 2002 I put in place a Royal Mail three month postal re-direction. I also changed my details on the electoral role.

 

I consider these actions more than adequate and reasonable. No correspondence from you has ever been forwarded to me.

 

On checking with my accountant at the end of the tax year in 2003 that service charges were being included in the accounts for the property he confirmed that payments, made up of various bills and service charges, were being made to a company called xxxxxxx Trust. In the absence of any invoices or payment demands from you and as The bills from xxxx Trust contain the words "Service Charge" I and he naturally assumed these were the service charges for the property.

 

Since this matter has come to light I have carefully checked my files and have one generic non-personalised letter from you. This letter dated March 18 2002 Introduces you as being the company that is responsible " for ensuring that your management company carries out it’s day to day obligations including the garden maintenance……".

 

The letter at no point offers any reference to yourselves as the company that would issue invoices and collect the service charges. A copy of the letter is enclosed.

 

On making further enquiries I have discovered that by November of 2002, some eight months after I left the property, you had still not issued any invoices or payment demands for the year end 2003. Again this naturally led to the assumption that the bills from xxxxxTrust were the service charges.

 

 

 

On notification from my solicitor and on my return to the UK for a brief period in July 2007, I have immediately sought to discover the reasons for the situation. Further to my telephone conversation with your office on the 9th of July, I regret that despite giving you a UK telephone number and expressing my desire to urgently conclude the matter during the three days I was to be in the UK, no contact was made by you.

 

I also note copies of the letters and invoices requested by both myself and my solicitor’s office have not been forwarded by you.

 

Therefore I enclose a cheque to you via my solicitor to cover the amount of service charge outstanding (less the new owners proportion) plus the statutory amount of £40 towards your administration fees in full and final settlement.

 

I consider the remainder of your interest and admin charges unfair as you allowed them to accrue over the totally unacceptable period of six years. During this six year period, despite receiving no acknowledgement whatsoever to your claimed correspondence, no reasonable effort was made by you or your agents to ascertain why you were receiving no reply (because I did not live at the address) or to make contact with my solicitor or agents to obtain a forwarding address and or payment.

 

 

Yours Sincerely

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...