Abuse of Process ... District Judge tells BWLegal

malihat

SCS Law in my case. What about things like legal fees? They’ve added a statement of costs of £700+ to their evidence bundle.

beamerguy

malihat wrote: »

SCS Law in my case. What about things like legal fees? They’ve added a statement of costs of £700+ to their evidence bundle.

SCLaw followed the pied piper

Comments have already been made on your own thread, kindly keep to your own thread, thanks

Snakes_Belly

Where is the cost recovery clause in the signage and what costs have actually been incurred if no debt has been collected? I few standard letters at most. I told DRP to jog on from the start.

In the Chaplair Limited v Kumari [2015] EWCA Civ 798 the costs related to the payment of the management fees when the tenant was in arrears. If the tenant had been previously paying the management fees and had stopped paying then the landlord would be responsible for the fees. These would be fees for cleaning the communal area, gardening, insurance of buildings etc.

The_Deep

I have been a landowner for over 45 years. I have never come across an instance where a tenant pays the service charges. Why would they? They are tax deductible.

Snakes_Belly

I think that in Chaplair Limited v Kumari the tenant must have been paying the management charge. In some cases this does happen however if they stop paying the landlord is responsible for them.

Anyway those were the fees that were being claimed in the case cited by the PPC's and whoever pays them they are legitimate fees paid for services which would be invoiced to the management company.

I see the main issues as

1) Whether there was a cost recovery clause in the signage.

2) How clear was the signage.

3) Whether any costs have been paid.

4) Whether the parking claim (£100) covered the admin costs.

malihat

Snakes_Belly wrote: »

I think that in Chaplair Limited v Kumari the tenant must have been paying the management charge. In some cases this does happen however if they stop paying the landlord is responsible for them.

Anyway those were the fees that were being claimed in the case cited by the PPC's and whoever pays them they are legitimate fees paid for services which would be invoiced to the management company.

I see the main issues as

1) Whether there was a cost recovery clause in the signage.

2) How clear was the signage.

3) Whether any costs have been paid.

4) Whether the parking claim (£100) covered the admin costs.

https://imgur.com/ix9N7Ig
This is an image of the sign. It was just letters from DRP so no costs should have been paid.

beamerguy

malihat wrote: »

https://imgur.com/ix9N7Ig
This is an image of the sign. It was just letters from DRP so no costs should have been paid.

PLEASE PLEASE use your own thread ....
https://forums.moneysavingexpert.com/discussion/5912625/claim-issued-over-residential-parking

This thread is for ABUSE OF PROCESS

The_Deep

That sign does not apply to you, you are authorisized, by your lease/AST.




PLEASE START YOUR OWN THREAD

beamerguy

18th September 2019

BWLEGAL / BRITANNIA

Southampton Court
Judge Taylor
Case No F6DP042N

https://forums.moneysavingexpert.com/discussion/comment/76287424#Comment_76287424

POST # 63

Whilst the defendant won for another reason, the judge clearly said
"He also said even if there was evidence of a contract existing, he would of ruled out the claim as an abuse of process due to the unexplained added £60."


BWLegal has still not said on what authority they have to disregard the law being POFA2012 ??

Snakes_Belly

So Judge Taylor had not changed his stance on this. I assume that the appeal will be heard by a Circuit Judge in the same region. If the CJ dismisses the appeal, Britannia may have shot themselves in the foot.