Being taken to court - Estate Management Fees -

Workie_Ticket

I'm hoping for some advice regarding this. We pay an annual estate fee of £160.00 per year, due on 31st May.

However, due to sickness I haven't had a full pay for several months of this year and other bills have taken priority. We received a final demand letter insisting payment had to be made by 7th July or the estate committee would take us to court.

I dropped a cheque for the full amount through the treasurers door on the 7th July, but it was post-dated for 14th July to coincide with pay day. However, the cheque was returned saying that it was not good enough as we knew it was due on 31st May.

I went to the treasurers house, explained the situation to him. However, I could tell he was itching for an arguement and he wasn't going to budge. He even started swearing at me as I was stood at his door.

This morning - my wife has just rang to say we have received a letter from the court for the £160.00 + £30,00 costs - do I have anywhere to go with this as I am adamant that I do not want to pay the costs?

dzug1

Well this might work:

pay the £160 into court

turn up in court and argue that the estate committee are being unreasonable and acted overhastily in going to court

My guess is that there's a good chance of it going in your favour - particularly if noone from the committee turns up in court to argue their side

DVardysShadow

Slightly more sneaky. Go with a witness tomorrow to the treasurer and offer him the same cheque. Keep stum about receiving court papers. Expect a refusal. Then send the money to court with a defence that the money was offered in the form of a post dated cheque for 14 July and the same cheque on 14 July.

PNPSUKNET

it will be a money online claims form? If so file the defence, however you shouldnt post date cheques.

tallyhoh

Go to court and ask if you can pay monthly instalments due to financial difficulties. I agree he was a bit hasty about this.

Workie_Ticket

DVardysShadow - what do I do if he accepts the cheque?

dzug1

If he accepts the cheque I'd write to the court and enter a defence that the debt has been paid off.

DVardysShadow

dzug1 wrote: »

If he accepts the cheque I'd write to the court and enter a defence that the debt has been paid off.

And if he does not, enter a defence that payment has been refused.

Basically the bloke is being an AR 53. But if you offer the money, he can either back down or be seen to be an AR 53 in court.

Workie_Ticket

Cheque has been accepted - this is the same cheque which was knocked back twice. Now going to send claim form back to court with a defence against the £30 court fee. Thanks to everyone who responded.

DarkConvict

Sounds like a good result.

You should be okay getting the money back, as he did act far to quickly and rejected payment.