Service Charge Arrears CCJ Claim

callinginthetroops

thanks @ emmzi

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? - were not comminucating so i dont know , bin i would assume i dont know, still there . cant answer, im only concerned with the post that comes to me same as your only concerned with the post that goes to you

callinginthetroops

thanks @ gm

attend and take all evidece of payment (plus be prepared for court costs/ other side's expenses - yes will do but 100% it is any extra charges i am fighting after my address was changed quite rightly so

Emmzi

callinginthetroops wrote: »

thanks @ emmzi

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? - were not comminucating so i dont know , bin i would assume i dont know, still there . cant answer, im only concerned with the post that comes to me same as your only concerned with the post that goes to you

That doesn't mesh with your story of him being surprised upset and in shock. I don't know what is missing in this story, but something is, I am afraid.

So what is your plan now to get the charges dropped? I might be inclined to go to the original creditor and bypass the solicitors, be apologetic, but point out they have been mailing the wrong man. A visit in person with your cheque book may be a good idea.

chopper78

callinginthetroops wrote: »

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.

If they sent me letters because I was white, but didn't send you letters because you were black, then that's a legally protected discrimination and they can be prosecuted.

However, this case isn't a HRA issue.

However, on the face of it, you were under the impression your ex had paid; and so given the service management company had been sending correspondence to the wrong Mr Joe Bloggs for the past 18 months or so, one who is your father but from whom you are estranged, then perhaps it isn't unreasonable that you didn't realise the arrears were still due. But this isn't a Human Rights issue.

However, Service Charge Demands are a funny creature, you owe them under the terms of your lease (which you signed and had witnessed as a deed) and whilst they should be sending you Service Charge Demands, if you haven't received them then it is up to you not to think "hey, the silly !!!!!!s haven't sent me a demand" but instead think "hey, I'll find out what's going on as I should have had a Demand"

Maybe this is six of one and half a dozen of the other.

callinginthetroops

@ gm

just to confirm i havent contradoicted myself throughout - i didnt have the money to pay, my girfriend at the time said il pay, no letters come my way so until the whole scenario of the paperwork going to my fathers address saying no pay, i didnrt understand as i had paid........until after that point it transpirred that no payment had been made

callinginthetroops

i appeciate peoples answers to the human rights and accept your answers, thanks

moromir

Whether its service charge, gym membership, or water bills, its no different, you have contracted yourself to make the payment. They are under no obligation to write and remind you of this, if they do, depending on the lease/ terms and conditions, they can charge you for the priviledge.

Do you not have a monthly budget? X for service charge, Y for gym membership, Z for water bill? Why were you not wondering why you had more money in your bank account each month than you should taking into consideration those expected outgoings?

I have to ask, since you split with your partner, who did you think was paying your service charge? I can't get my head around this at all.

Sorry, I know this wasn't your question and I certainly don't mean to be bashing you but how can you be living your life like this with your head in the clouds? This is service charge, its important!! Do you realise what it means if this proceeds to court? At the very best you could end up with a CCJ, at the very worst they could petition your mortgage company to pay the arrears and the balance added to your mortgage.

Please please please take this as a wake up call to learn how to manage your finances.

Back to the original question - how much in added fees are we talking?

callinginthetroops

the situ at the moment - the solicitors want ther fees which im not prepared to pay and my father needs a letter to say its not for you and we apologise - in the meantime i will be writing to the court to explain the situation but the solicitors and leasehold want service charge paymennt AND fees and wont apologise to my father. i do not want the apology

callinginthetroops

thanks @ moromir

sometimes it is difficult to juggle finances but as i said to the leasehold lady, my situation had improved and had i been warned earlier i was in a situation to pay as fortunatly i am now. im just angry that they have brought my father into it. i could accept it if it was finacially linked to that address, for example, a loan i apply for at my fsters address and bail out on - i brought disrespect as i didnt pay a loan (hypothetical situation by the way) but not here no way

the chsarges are 140 solicitor /court but i need to know what otyer charges have been added as i have no paperwork - see the unfairness

moromir

Ok plan of action -

You dad writes to the leasehold company c/o the solicitors simply saying that he is not the lessee of 1 the street, somewhere (your address) and that no further correspondence for you (full name) should be sent to the address and that he would appreciate recieving confirmation that his instructions have been actioned by return.

You include a copy of this letter with your court application asking for a full copy of the documents submitted by the solciitors and asking for a stay in the hearing until you have these documents.

Quite frankly you've got bigger problems right now than getting an apology, as enraging as it may be.