How long can they go on threatening court action?

pintojen

Hello. Hope you can help.

A neighbour is chasing me and another lessee for some money she says we owe her as Freeholders of the small converted house we each have a flat in. She is also a freeholder as well as a lessee.

We don't owe her any money. She has not even fully provided "evidence' of the claim with invoices, receipts etc.

She has several times given a deadline after which she says she will take us to court (small claims presumably). We say we won't pay and, guess what, she doesn't take us to court. Once the court process began she would have to let us see docs on which her case is based and I don't think they actually exist - at least in the form she hints at! Neither I or my neighbour want to go to court but would prefer it settled rather than going on as it already has for nearly 3 years. W have tried a mediation process but to no avail. We have also sent one firm solicitor's letter in response to a letter from her lawyer to which we received no reply.

The thing I want to find out is if we can stop her constantly asking for this money and threatening to take us to court even though we have quite clearly refused?

How long can this go on for?

She has now refused to pay service charges due (as she is still claiming the money from us as directors of the freehold company)
which will mean we can't go ahead with scheduled major works. Which means the whole building may suffer if it is not maintained properly. Theoretically she -as a lessee - could then sue us (as Directors) for not looking after the building.

Help! My stomach does cartwheels when I see her name in my email.

I was left the flat by my mum and want to sell it as I need the money having been made redundant and work is thin on the ground if you are my age. It will be very hard to sell with the dispute hanging over it.

Any advice or suggestions as to where I can get advice about how to bring this to an end v welcome. We have discussed paying up to make it stop but are pretty sure this would encourage the same in future though we may make a small offer though pretty sure she would see that as a sign of weakness. We have already concede and paid some costs where there was a probability it might have been a freeholder charge and that just seems to have whetted her appetite.

Sorry if I have rambled on but it is really doing my head in.

Thanks in advance for any help you can give.

PS the amount in total is 5000+ (she adds interest at 8% every month).I just don't have that spare but if I thought I was due I would find a way of paying.

ilovelondontown

OP I feel for you. I live in property where the older tenants have drawn up a list of "rules" to live by, but they are not legally bound and I have never signed anything but I'm constantly hounded about how I "conduct" myself in the property and threatened with legal action that wouldn't stand up in court.

I think it's telling that she doesn't actually have anything physically that proves you owe money and the fact that you and the other lessee don't believe it's true makes it sound a bit... fishy.
Have you checked all the paper work to make sure you haven't missed anything?

I would absolutely ask her provide evidence of the monies owed and if she cannot provide this you will consider the matter closed and any further communications on the matter will be considered harrassment and you yourself will seek legal action.

Unless there is something written that states the case, it's unlikely to be enforceable in court hence why she's threatening things she cannot pursue. Just like when a debt collection agency asks you for money - you have the right to ask for proof before you stump up your cash.

rizla_king

Get some kind of injunction against her?

pintojen

An injunction is a thought - any idea if this can be done via legal aid? Or cost if not?

I am not a litigious person but this constant demand for money has got to stop. I don't thinka business would be allowed to behave like this.

pintojen

Thanks for your support.

I'll try again to get her to stump up the docs to prove her case.

She does send invoices but strangely while they include all sort of things they don't show the work or the cost of the work she is claiming for!


Aaaaarrrgghhh!

Also I will check all the paperwork again - just to be sure.