Court form received help requested

sadwithoutmynelson

Snakes_Belly said:

@SBMN

You will be able to pretty much use the same arguments that you used before with the addition that the last PCN was discontinued. It probably need to be more robust that last time.  

Thankyou. I will start the process again. 

Snakes_Belly

sadwithoutmynelson said:

Snakes_Belly said:

@SBMN

You will be able to pretty much use the same arguments that you used before with the addition that the last PCN was discontinued. It probably need to be more robust that last time.  

Thankyou. I will start the process again. 

You will also have to consider whether you are going to counterclaim. If you counterclaim the PPC will not be able to discontinue. You will also see their WS which will include the MC's contract with the PPC. 

I can understand that it is important to maintain these types of developments.The MC though are not acting in the interests of all the residents. They should be producing a white list. That is something that you may want to included in your new defence. 

Snakes_Belly

When you get the accounts of the MC which they have to send you each year take a look to see what they are paying to the PPC. 

Sight of the contract between the MC and the PPC would also be useful. It may be that the MC can cancel PCN's but are not doing so.    

There are really two issues.

1.  The PCN's
2. A not very helpful management company that does not seem to be acting in the interests of all the residents.

   

Snakes_Belly

As a matter of interest was the contract with the MC and the PPC produced before the discontinuence of the first PCN?. That would be an interesting document to have sight of.   

Le_Kirk

Jenni_D said:

Le_Kirk said:

sadwithoutmynelson said:

Fruitcake said:

Unfortunately yes, <SNIP>

Yes it does belong to me. I previously added a map showing so but the mc say the area is managed by them and its part of my agreement in purchasing the property that they manage the area. I'm the freeholdor of them spaces. Drives me potty this situation 

If this is true, then you need to find the agreement or ask them to show it to you or check with your solicitor/conveyancer to query it.  Can't see that a MA/MC can introduce terms and conditions BEFORE you purchase a property.

Surely that's the only time such T&Cs can be introduced for a freeholder to be bound by them?

Snakes_Belly said:

Even with freehold property sometimes with new housing there is a covenant in the conveyance which stipulates certain things that the freeholder/leaseholder cannot do. Sometimes it includes a charge for maintaining the development. It's something that people need to look at very carefully when they buy a property. 

I think that although this case is a dreadful scenario to the OP it is certainly a warning to anyone now purchasing a new or recently built property. It has certainly put me off buying a property that had a similar arrangement for parking. In fact this forum has stopped me from making two bad calls.     

Sorry didn't word it very well.  If there is a covenant or any other restriction in the deed then the solicitor/conveyancer should have picked up on it and advise the OP.  Worth checking!

Snakes_Belly

"Sorry didn't word it very well.  If there is a covenant or any other restriction in the deed then the solicitor/conveyancer should have picked up on it and advise the OP.  Worth checking!"

I think that there must be a covenant in place but it may not be very specific with regard to the appointing of a PPC. It probably refers to general maintenance. 

Some of the covenant restrictions are a bit like living in a conservation area where you can only do certain things to your property.

Le_Kirk

Snakes_Belly said:

"Sorry didn't word it very well.  If there is a covenant or any other restriction in the deed then the solicitor/conveyancer should have picked up on it and advise the OP.  Worth checking!"

I think that there must be a covenant in place but it may not be very specific with regard to the appointing of a PPC. It probably refers to general maintenance. 

Some of the covenant restrictions are a bit like living in a conservation area where you can only do certain things to your property.

Quite possibly but until the OP checks no one will ever know!

Snakes_Belly

UPDATE *** I have been chasing up the courts as I have not revived any log in details for the hearing. I have just rang the courts again and they have said the reason I have not received any log in details is because the case has been vacated and discontinued by the claimant ! The person on the phone couldn’t give me any more details or anything regarding costs etc. That was all the information. After a very restless night, I have to admit I’m over the moon but not sure what happens now . The person also said I would need to email the court if I want to receive confirmation of this ....... pretty happy I think! 

This is the point at which the case was discontinued. You had not seen their WS? 

Le_Kirk

You should receive a Notice of Discontinuance (N279) from the claimant.  Until you receive this or a letter from court) do not miss any upcoming deadlines.

Snakes_Belly

Le_Kirk said:

You should receive a Notice of Discontinuance (N279) from the claimant.  Until you receive this or a letter from court) do not miss any upcoming deadlines.

Sorry I am confusing the issues. The post is from the old PCN which was discontinued. The new PCN is the same scenario. I was trying to find at what stage the claim was discontinued and if the Claimant had produced a WS.

The old PCN that was discontinued was quite involved so it's going back over old ground.