Service Charge Arrears CCJ Claim

chopper78

Who is the management company involved? Sadly, many managing agents aren't well known for being 'any good'.

I fell into arrears on my service charges many years ago, I received solicitors letters (which I ignored) and eventually a claim form from a county court and so I opened my eyes and paid some of the fees to the solicitor whilst also disputing some of the other fees, receipt of the payment was acknowledged, the cheque was cashed and the county court referred my dispute to the LVT and so the case was on hold.

In the meantime, the management company instructed a second solicitor to issue a seperate claim against me in the county court for the same debt which I had already paid.

It took nearly years for the payment that I sent to the first solicitor to be applied to my account, but they continued to try and pursue me for legal costs on that second claim which they have no right to...

moromir

Ok now I see where this has all gone wrong because I have dealt with having cars removed from private land and seeking information from the DVLA before -


A car registered in the father's name was parked in a car parking space allocated to the OP.

The OP and their father share exactly the same name.

The Leasehold company writes to the OP at the flat, probably numerous times, for whatever reason the OP does not recieve these letters.

Important note - OP; a judge probably isn't going to wear that you didn't recieve any letters at all if they can show they sent a number of them to the flat.

Leasehold company gets no response from the OP at the flat.

Leasehold company gets creative.

Leasehold company petitions the DVLA for details of the registered keeper of the vehicle stored in the OP's parking space.

Leasehold company gets given a name and address. They DO NOT get given a date of birth on these types of applications. In fact the leasehold company probably doesn't even have details of the OP's d.o.b to compare.

Leasehold company assumes (probably reasonably) that the OP and their father are one and the same.

Leasehold company writes to the new address, for whatever reason they get no response from either the OP or their father.

Leasehold company escalates the matter when the arrears spiral out of control.

callinginthetroops

@ moromir

Important note - OP; a judge probably isn't going to wear that you didn't recieve any letters at all if they can show they sent a number of them to the flat. - i didnt? i recieved notification of the service charge and said to the lady at the leasehold company that at that time i didnt have the money to pay, but no after march 2010, the lady confirmed that they changed my address and all subsuquent posts went there including the ones informing of court action

will read the rest of your post just wanted to quickly inform on this

DVardysShadow

Emmzi wrote: »

Again, which exact part of the ECHR do you feel has been breached?

My thoughts exactly. OP, here it is http://www.hrcr.org/docs/Eur_Convention/euroconv.html

I rather value these rights and I am concerned at the various moves to abolish these rights from UK law - usually based on ignorance. It does not help when people howl about abuses of their human rights when they cannot point to the rights being abused. In particular, the no discrimination right is in relation to application of all of the other rights - so you need to point out another right which is being abused in order to make a case - and then say "and I didn't get that right 'cos I is a minority" to play the discrimination right.

callinginthetroops

thanks @chopper78

and see now the difference to me being treated differently to yourself? you recieved letters, i didnt - an that is my breach of the human rights act. people will always complain that other people use the human rights act to easily but it is their for a reason, to protect us - i should have recieved the letters you recieved. hope you get sorted

moromir

I was talking about all the letters prior to march 2010.

If I might be quite frank, if you plan to pursue the matter you need something in your case to explain why you weren't writing to the Leasehold company asking for up to date statements and ensuring payments were made (or at least in a dialogue with the leasehold company about repayments). I don't think you're going to be able to get away with 'I thought my exgirlfriend was paying it', your lease will be quite specific that it is your responsibility to ensure payments are made.

Put simply - yes it appears that mistakes were made by the leasehold company but it also appears that they were only put in the position of trying to seek alternative addresses because there was no response/payment from the primary address.

Emmzi

"receipt or non receipt of letters" or "in debt or not in debt" are NOT protected characteristics under the human rights act. I do wish people could get their head around not every kind of discrimination being illegal, sometimes it is just tough.

Now, What happened to all the other letters your dad received, if they had been sending letters there for the best part of a year?

chopper78

callinginthetroops wrote: »

Important note - OP; a judge probably isn't going to wear that you didn't recieve any letters at all

A judge will, however, wear that the Mr Joe Bloggs who has had papers served against him is not the Mr Joe Bloggs who has a debt with the service management company and so would have no option to dismiss the case and the service management company would be liable for all costs. Especially now they have been brought up to date, if they continue to pursue the wrong Mr Joe Bloggs, then the wrong Mr Joe Bloggs would have a harassment claim.

Just because the wrong Mr Joe Bloggs is the correct Mr Joe Bloggs' father makes him no more liable.

However, it does seem that the OP's ex didn't pay the service management charges, so he's just going to have to do that.

Maybe the residents should be asking the service manglement company to remedy the issue with the external postboxes?

G_M

I have to admit I gave up 25% way through the story. Far too much irrelevant stuff and contradictory too:

I didnt have the money to pay at that time ....my then partner who said she would look to pay and so gave her the payment details of the service charge.

I didnt understand as I had made the payment but even more

Anyway, simple solution:
1) check what the service charge fees for 2010-2011 are.
2) check what, if anything, you have paid
3) Write a letter with
i) a cheque for the full amount (if nothing paid)or
ii) a cheque for the balance if part-paid and
iii) enclose proof (amount, cheque number, date of bank transfer whatever) of whatever full or part payment has previously been paid
4) if court hearing still goes ahead, send 3) above to the court with your defence statement and then
5) attend and take all evidece of payment (plus be prepared for court costs/ other side's expenses
6) provided payment is made there will be no adverse history on your or your father's credit record.

Simple

callinginthetroops

thanks @moromir

I appreciate your thoughts. I do not write to my gym to ensure payment is being made or for a statement. I do not write to my bank to ensure my mortgage is being paid or for monthly statements. I do not write to my water company to ensure my payment is being made or for monthly statements. I do not write to my subscriptions for various web based items i use etc etc.

And they do not write to me as there is no reason to write. If there is a reason to write, they will write and I will the become aware of an issue. I want to pay. What I will not pay - is charges.