Failed Counterclaim - counterclaimant withholding monies.

waamo

Mottingham66 said:

Well, not really, sir.  If our claimed was dismissed, it didn't nullify the counterclaim, did it?
We still had to answer to that.  It went in our favour, but he continues as if his counterclaim was successful.

If the claim and counterclaim were both thrown out that's the end. I really don't understand what you are trying to say.

greatcrested

Mottingham66 said:

Well, not really, sir.  If our claimed was dismissed, it didn't nullify the counterclaim, did it?
We still had to answer to that.  It went in our favour, but he continues as if his counterclaim was successful.

In your OP you said:

The tenant made a counterclaim of £962.  His claim was dismissed

Your claim was dismissed.

His counterclaim was dismissed.

The court proceedings are over, historic, and irrelevant.

There are some addtional arears wich have been 'partially paid' which are unrelated to the court proceedings.

Mottingham66

Well try this ...
"please find enclosed a cheque.  You'll notice it is £900 less than the amount you're demanding.  This is the amount I am counterclaiming from you which the judge is bound to rule in my favour next month".
Following month judge rules against him.  Nonetheless, he refuses to give up the £900. 

waamo

Mottingham66 said:

Well try this ...
"please find enclosed a cheque.  You'll notice it is £900 less than the amount you're demanding.  This is the amount I am counterclaiming from you which the judge is bound to rule in my favour next month".
Following month judge rules against him.  Nonetheless, he refuses to give up the £900. 

You've said both claims were dismissed? Can you tell us EXACTLY what the wording on the judgement says. No leaving bits out as they are bound to be important.

I hate to say but what your saying is contradictory and makes no sense.

GDB2222

Really, the counterclaim is a red herring.
He has run up fresh arrears since the original claim and counterclaim were adjudicated. He has paid off some of those fresh arrears, but there's around £900 outstanding. It really doesn't matter what deluded reason he has for not paying that £900***. So, you'll have to sue him again, I'm afraid.  But get it right this time!



*** "He argues, the judges have been 'biased' and 'British justice is not what it used to be'". What a character, but he must be a complete PITA to deal with!  If he has a mortgage, you can inform the lenders about the service charge arrears, but I get the impression he's probably elderly, so probably has paid off his mortgage. 

Mottingham66

Right, I get that that amount just is a part of his arrears to date and that we have to go to court again.
In total now, he owes about £3K and that we will likely have to go to court again, but I am fairly certain he will submit a similar counterclaim.
Thanks to the austerity decimation of the courts system (not to mention the knock-on effect of Covid 19) it would like be Spring before we get an initial hearing.  As last time, also, he'll kick up a fuss about the service charge being unreasonable.  The case will be kicked over to the FTT (as last time) and the whole thing will run another two and half years as before).

I think the only sensible thing is to allow him his damages if he agrees to repay the other arrears and resume payment of the service charge.
Our SC, btw, could not be more reasonable (half of the London average).

greatcrested

Mottingham66 said:

Well try this ...
"please find enclosed a cheque.  You'll notice it is £900 less than the amount you're demanding.  This is the amount I am counterclaiming from you which the judge is bound to rule in my favour next month".
Following month judge rules against him.  Nonetheless, he refuses to give up the £900. 

I cannot respond further as

a) you have failed to respond to my earlier questions seeeking clarification, and

b) your posts contradict each other so the facts you are presenting are completely unreliable

[Deleted User]

Just employ bailiffs or High Court Sheriffs to get the remainder of the partial payment.  End of. Or:

Can't you apply for forfeiture after all these problems and he'll lose his flat as you are all shareholders in the freehold?

See https://england.shelter.org.uk/legal/home_ownership/leasehold_property/repossession_of_leasehold_property - General Conditions for Forfeiture.., second clause seems applicable.  

GDB2222

Mottingham66 said:

Right, I get that that amount just is a part of his arrears to date and that we have to go to court again.
In total now, he owes about £3K and that we will likely have to go to court again, but I am fairly certain he will submit a similar counterclaim.
Thanks to the austerity decimation of the courts system (not to mention the knock-on effect of Covid 19) it would like be Spring before we get an initial hearing.  As last time, also, he'll kick up a fuss about the service charge being unreasonable.  The case will be kicked over to the FTT (as last time) and the whole thing will run another two and half years as before).

I think the only sensible thing is to allow him his damages if he agrees to repay the other arrears and resume payment of the service charge.
Our SC, btw, could not be more reasonable (half of the London average).

I'm inclined to agree with you. The amount of work involved is prodigious compared to the amount he's withholding. Can you be sure he'll pay in full in future?

waamo

deannatrois said:

Just employ bailiffs or High Court Sheriffs to get the remainder of the partial payment.  End of.

The new arrears - can't you call in on his lease after all these problems and he'll lose his flat as you are all shareholders in the freehold?

It's not a partial payment (as I understand it) it's actually a new claim that's needed. The op has posted rather confusing information.