CCJ without knowing

W17yne

Hi help & advice needed


Myself & my wife own our first property we bought together which is an apartment which rented out and has been for 2/3 years.

We own the apartment on 130 year lease and the national house builder owns the land we have to pay ground rent and advice charges- no issues

While we lived there we had a management company employed by the house builder to look after the building, we purchased another property when my life fell pregnant and moved on, the management company where notified where to send all correspondents and we paid them accordingly and we have letters to going back sep 10.

We went to the estate agent in November to collect some post no issues to worry about, spoke to estate agent about the up keep of property and was informed the management company had been changed, end of march I sent them a letter recorded delivery stating that I had not heard from them and to send me an up to date statement, heard nothing, emailed them two weeks later no response! Emailed again got a response stating that the end of march myself and my wife had been issued with ccj and we had to pay by the end of the month £2500 - which £800 worth of solicitors and handling fee.


Not happy bunnies I intend to get a set a side order as the charge has been paid,

How can the companies get away with this? House builder changed management companies they did not hand over details of my new address, I have letters from old management company to my new address

I want to take them to a small claims court as they did to me with out knowing and get the £800 of additional monies paid back to me, I have emailed the house builders solicitor to state my case - no reply it's the principle they think they can get away with it.

How can they get me a ccj with out knowing is this legal can I taken to a small claims court and get my cost back and clear my names??

mynameistallulah

Did you pick up the phone and speak to them at all?

DVardysShadow

You should apply to get the judgement set aside. You have clear evidence that the old management company knew your correspondence address. Google on 'set aside ccj'

W17yne

Hi , yes when I found out about the ccj it had already been issued I spoken the house builder solicitor they where not interested and have since ignored my e-mails.

The initial management company where not great badly organised I can see why they had been changed.

When we found out that the ccj had been issued we had 14 days to get the money.

We had to pay there cost of £800 and now we have to pay to get it resolved, I don't think this is fair how can I go about getting this resolved?

arcon5

Taking off the solicitors fees they claim you to owe £1700.. is this actually the case or not?

DVardysShadow

W17yne wrote: »

We had to pay there cost of £800 and now we have to pay to get it resolved, I don't think this is fair how can I go about getting this resolved?

Apply to the court to get the judgement set aside. And get the order for costs set aside at the same time.

W17yne

Hi yes if you take off the cost of solicitors I owe £1800 not an issue to pay, but the have never asked to be paid, bear in mind I and other owners of the building pay this management company to manage the property every year they take a handsome percentage of the money gather in. If they don't send my the invoice how can I pay, I could pre emptied them

oldagetraveller

Ah, so you know you owe £1800 but because they haven't sent an invoice it's someone else's fault you haven't paid?
I know I owe about £400 on my credit card for this month, therefore by your logic, if they don't send a statement I don't need to pay it?

W17yne

Yes I know I would have owed x amount once a year dependent when the management sent me an invoice ???? Just like you owebyour credit card you will receive a statement prior to the payment date?

arcon5

W17yne wrote: »

Yes I know I would have owed x amount once a year dependent when the management sent me an invoice ???? Just like you owebyour credit card you will receive a statement prior to the payment date?

Yes, but I wouldn't rely on receiving a statement to pay it.

I agree you may be able to have costs set aside.

What date did payment(s) become due?
What date did you contact them?
What date did they issue court proceedings?
What address was this issued at?

DVardysShadow

arcon5 wrote: »

Yes, but I wouldn't rely on receiving a statement to pay it.

I agree you may be able to have costs set aside.

What date did payment(s) become due?
What date did you contact them?
What date did they issue court proceedings?
What address was this issued at?

He notified the old Management co of his correspondence address and has correspondence to that address dating back to September 2010. He contacted them in March this year re lack of correspondence..

I would be interested to know when the CCJ was obtained - I have a funny suspicion that they delayed responding to the March letter while they finished off getting the CCJ. If that is the case, to my mind, it is abuse of process.